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TMI Blog2016 (3) TMI 1053X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee is not taxable. - Decided in favour of appellant - ST/143,144,145/07-MUM, S/TCO/228/07-MUM, ST/CO/229/07-MUM, ST/117/10-MUM, ST/711/11-MUM - A/85981-85989/16/STB - Dated:- 28-1-2016 - M V Ravindran, Member (J) And C J Mathew, Member (T) For the Appellant : Shri Sushant Murthy, Adv. Shri Kevin Shah, CA For the Respondent : Shri A K Goswami, Additional Commissioner (AR) ORDER Per M V Ravindran All these appeals are disposed of by a common order as it is a common issue. 2. Revenue has filed appeals against the Orders-in-Original No. 01/STC/SJS/07-08 dated 22/05/2007, 02/STC/SJS/07-08 dated 23.05.2007, 03/STC/SJS/07-08 dated 23/05/2007. 3. Assessee has filed appeals to Order-in-Original No. 03/STC/SJS/07- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y use of Credit/Debit/Charge Card or is in continuation of the levy under Section 65 (10) or (12), as the case may be, as held in the case of ABN Amro decision in so far as credit card services are concerned? ii) Whether the sub-clause (iii) in the definition of taxable service viz. credit card, debit card, charge card or other payment card service in section 65 (33a) can be said to be applicable retrospectively, i.e. from 16 July 2001 when section 65 (72) (zm) became effective? iii) Can 'merchants / merchant establishments' be considered as 'customer' as envisaged in Section 65 (72)(zm) of the Finance Act, 1994 as it stood prior to 1-5-2006? iv) Whether Merchant Establishment Discount can be said to be received ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a fortiori an acquiring bank is a customer of an issuing bank. (d) On point No. (iv), we hold that ME discount, by whatever name called, representing amounts retained by an acquiring bank from out of amounts recovered by such bank of settlement of payments to the ME does not amount to consideration received in relation to credit card services. 8. The ratio of above said conclusion, is that the service tax liability for the activity indicated in these appeals of the assessee is not taxable. 9. Respectfully, following the ratio as settled by the larger bench, we hold that all the assessee appeals are to be allowed and we do so and setting aside the respective impugned orders, while the revenue's, these appeals stand reje ..... X X X X Extracts X X X X X X X X Extracts X X X X
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