2017 (7) TMI 1205 - AT - Service Tax

Banking and other Financial Services - amount received towards commission merchants establishment commission for promoting credit card users to access the hotel for making the payments - Held that - The issue stands decided by the Larger Bench of the Tribunal in the case of Standard Chartered Bank Vs. CST, Mumbai-I 2015 (8) TMI 686 - CESTAT DELHI (LB) wherein Larger Bench has held that prior to 01.05.2006, credit card services or other payment card services to be classified banking/financial services only these services provided by an issuing bank to an acquiring bank - appeal allowed - decided in favor of appellant.

Summary

Issues:
1. Stay petition for waiver of pre-deposit of service tax liability, interest, and penalties.
2. Classification of service tax liability under banking and financial services for commission merchants.
3. Interpretation of the decision by the Larger Bench regarding credit card services classification.

Analysis:
1. The judgment pertains to a stay petition seeking a waiver of pre-deposit of service tax liability, interest, and penalties. The Tribunal noted that the issue appeared to be covered by a decision of the Hon'ble Larger Bench of New Delhi. Consequently, the stay petition was disposed of, and the appeal was taken up for consideration.

2. The impugned order demanded the confirmation of service tax liability under the category of banking and other financial services for the amount received by the appellant related to commission merchants' establishment commission for promoting credit card users to access the hotel for making payments. The Tribunal acknowledged that the issue had been previously addressed by the Larger Bench in the case of Standard Chartered Bank Vs. CST, Mumbai-I. The Larger Bench had clarified that prior to a specific date, credit card services or other payment card services were to be classified as banking/financial services only when provided by an issuing bank to an acquiring bank.

3. The Tribunal referred to the decision of the Larger Bench, which highlighted the legislative changes introduced by the Finance Act, 2006, regarding the definition of credit card services. The Tribunal, in line with the Larger Bench's interpretation, set aside the impugned order and allowed the appeal, emphasizing the specific provisions and scope of credit card services as per the relevant legislative framework.

In conclusion, the judgment addressed the stay petition, the classification of service tax liability under banking and financial services, and the interpretation of the Larger Bench decision concerning credit card services, ultimately leading to the setting aside of the impugned order and allowing the appeal.