2014 (5) TMI 65 - HC - Service Tax

Demand of service tax - Banking and financial services - Credit card facility - present dispute relates to the classification that whether the credit card facility provided by the appellant falls within the term banking and other financial services and is accordingly covered under clause (zm) of Section 65(105) of the Act and whether such service is not liable to service tax or NIL rate of duty. Thus, we are of the view that such dispute can not be examined by this Court and can only be examined by the Apex Court in an appeal under Section 35L of the Act - Following decision of Naveen Chemicals Mfg. & Trading Co. Ltd., Vs. Collector of customs 1993 (9) TMI 107 - SUPREME COURT OF INDIA - Appeal not maintainable.

Summary

Issues Involved:
1. Taxability of interchange fees received by a bank for providing credit card facility under service tax laws.
2. Jurisdiction of the High Court to entertain questions related to classification and rate of tax in service tax matters.

Analysis:
1. The appeal concerned the taxability of interchange fees received by a bank for providing credit card facility under service tax laws. The appellant, a bank, contended that such receipts did not fall within the purview of "banking and other financial services" as per the relevant clauses of the Finance Act. The appellant argued that subsequent amendments explicitly included credit card services within taxable services from a certain date, indicating that prior to that date, such receipts were not taxable. However, the Tribunal did not accept the appellant's argument, leading to the appeal.

2. The jurisdiction of the High Court to entertain questions related to the classification and rate of tax in service tax matters was a crucial issue. The respondent's counsel argued that such questions, including the taxability of services and classification disputes, should be addressed by the Apex Court under Section 35L of the Central Excise Act, 1944. Citing decisions from the Karnataka High Court and the Delhi High Court, the respondent contended that matters concerning the rate of duty, exemption notifications, and service classification fall outside the High Court's jurisdiction. The appellant's counsel highlighted previous cases where the High Court had entertained appeals related to tax classification and rate, but the respondent argued that the issue of maintainability was not raised in those cases.

3. The Court referred to the decisions of the Karnataka High Court and the Delhi High Court, emphasizing that questions related to the classification of services and their taxability should be addressed by the Apex Court. Citing the Supreme Court's interpretation of the phrase "relation to rate of duty or value for the purpose of assessment," the Court concluded that the dispute regarding whether the credit card facility provided by the bank falls within "banking and other financial services" and its tax implications should be decided by the Apex Court. Therefore, the appeal was dismissed on grounds of maintainability, highlighting the limited jurisdiction of the High Court in such matters.

In conclusion, the judgment delved into the taxability of interchange fees received by a bank for credit card services and the jurisdictional limits of the High Court in addressing classification and tax rate disputes under service tax laws. The decision underscored the need for such matters to be adjudicated by the Apex Court, emphasizing the specific legal framework governing service tax classifications and rates.