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2022 Supreme(Cal) 241

HIRANMAY BHATTACHARYYA
Ramesh Kumar Patodia – Appellant
Versus
Citi Bank Na – Respondent


Advocate Appeared:
For the Petitioner:Romendra Kumar Biswas, Ujani Pal (Samanta), Advocates.
For the Respondents:Prabhat Kumar Srivastawa, K.K. Maiti, Rajesh Kumar Shah, Advocates.

JUDGMENT :

1. The borrower has filed this Writ petition praying for a declaration that the interest component of the Equated Monthly Instalments (for short “EMI”) of the loan granted by the respondent Bank is exempted from levy of Integrated Goods and Service Tax (for short “IGST”) and for a direction upon the Bank and the IGST authorities to refund the IGST collected from the petitioner.

2. The facts leading to the filing of the writ petition are as follows- Petitioner is holder of a valid Citi Bank Credit Card issued by the respondent no. 1/Bank. He received an email communication on 21.02.2019 from the Bank offering an instant loan of Rs. 6,50,000/- at 13% interest above the credit limit. A similar email communication was also received on 28.02.2019. Petitioner expressed his willingness to the said offer by a SMS communication on 28.02.2019. On 02.03.2019, petitioner received an email communication from the Bank that a loan on his credit card has been disbursed and is repayable in EMIs along with an additional initial interest amount. Thereafter a demand draft of Rs. 6,50,000/- was dispatched to the home address of the petitioner and he encashed the said draft. Upon receipt of the

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