Commissioner of GST And Central Excise vs Citi Bank N. A.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(SC) 810

S. RAVINDRA BHAT, K. M. JOSEPH
Commissioner of GST And Central Excise – Appellant
Versus
Citi Bank N. A. – Respondent

Advocates appeared:
For the Appellant(s) :Mukesh Kumar Maroria, B. V. Balaram Das, Advocates
For the Respondent(s):Mahfooz Ahsan Nazki, Advocates

JUDGMENT :

K.M. JOSEPH, J.

1. These Appeals are maintained under Section 35L(1)(b) of the Central Excise Act, 1944, read with Section 83 of Chapter V of the Finance Act, 1994. They are directed against the Orders dated 16.11.2018 and 20.11.2019, passed by the Customs, Excise and Service Tax Appellate Tribunal, South Zonal Bench, Chennai (hereinafter referred to as ‘the Tribunal’, for short).

2. By the impugned Orders, the Tribunal set aside the Final Orders, by which the Principal Commissioner Service Tax, Chennai, found the Respondent/Bank, liable to pay service tax, penalty and interest on the amount of the “interchange fee” received by it.

3. The Respondent is a Bank. It is registered with the Service Tax Commissionerate Chennai, under the category “Banking and other financial services, business auxiliary services, charge card and other card payment services, manpower recruitment or supply services, among other services”. An internal audit of group of the Service Tax Commissionerate, Chennai found that it was receiving interchange fee, which formed part of the gross amount bill

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2021 Supreme(SC) 810

S. RAVINDRA BHAT, K. M. JOSEPHCommissioner of GST And Central Excise – AppellantVersusCiti Bank N. A. – Respondent

S. RAVINDRA BHAT, K. M. JOSEPH
Commissioner of GST And Central Excise – Appellant
Versus
Citi Bank N. A. – Respondent