Page 40 - GSTL_26th March 2020_Vol 34_Part 4

J136 GST LAW TIMES [ Vol. 34
Credit Card Services under Banking and Other Financial
services — Part of interchange fee accruing to issuing
bank, whether taxable under category of Credit Card
services?
The Supreme Court Bench comprising Hon’ble Mr. Justice Arun Mishra
and Hon’ble Mr. Justice S. Ravindra Bhat on 21-10-2019 after condoning the de-
lay issued notice in the Civil Appeal Diary No. 24061 of 2019 filed by Commis-
sioner of GST and Central Excise, Chennai North against the CESTAT Final Or-
der No. 42902/2018, dated 16-11-2018 (Citi Bank N.A. v. Commissioner). While is-
suing the notice, the Supreme Court passed the following order :
“Delay condoned.
Issue notice.
Mr. Mahfooz Ahsan Nazki, Learned Counsel, appears and accepts no-
tice for the caveator(s).
List in the next week.”
The Appellate Tribunal in its impugned order had held that the amount
received by the appellant issuing bank as Interchange fee does not qualify as
Credit Card services as said amount does qualify to be a Credit. Further, acquir-
ing bank has already discharged Service Tax liability on the entire amount inclu-
sive of amount remitted to issuing bank. Tribunal relied upon its own Final Or-
der No. 71601/2018, dated 23-7-2018 in the case of ABN Amro to reach this deci-
sion and distinguished Larger Bench decision in 2015 (40) S.T.R. 104 (Tri. - LB) in
the case of Standard Chartered Bank.
REPRESENTED BY : Mr. B. Krishna Prasad, AOR, Mr. Rupesh Kumar
and Mr. Zoheb Hussain, Advocates, for the
Appellant.
Mr. Arvind P. Datar, Sr. Advocate, Mr. Mahfooz
Ahsan Nazki, AOR, Mr. Kumar Visalaksh,
Mr. Nishant Shah, Mr. Udit Jain and Ms. Sweta
Rajan, Advocates, for the Respondent.

(1) Transitional Input Tax Credit — Error in filing Form
GST TRAN-1, whether can be corrected by filing
revised Form?

(2) Penalty for delayed filing of GSTR-3B, whether can be
waived?
The Supreme Court Bench comprising Hon’ble Mr. Justice A.M.
Khanwilkar and Hon’ble Mr. Justice Dinesh Maheshwari on 14-2-2020 after con-
doning the delay issued notice in the Special Leave Petition (Civil) Diary No.
2417 of 2020 filed by Union of India against the Judgment and Order dated 22-7-
2019 of Delhi High Court in W.P. (C) No. 3798 of 2019 as reported in 2019 (29)
G.S.T.L. 660 (Del.) (Blue Bird Pure Pvt. Ltd. v. Union of India). While issuing the
notice, the Supreme Court passed the following order :
“Delay condoned.
GST LAW TIMES  26th March 2020  136
( A136 )