VidhiSangh

Supreme Court of India · 09/12/2021

COMMISSIONER OF GST AND CENTRAL EXCISE versus M/S CITI BANK N. A.

[2021] 13 S.C.R. 424 · 2021 INSC 857

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Summary

The judges differed on separate service-tax liability for an issuing bank’s credit-card interchange fees. Joseph J considered the issuing bank a separate service provider but would permit proof that the acquiring bank had already paid the tax and reconsideration of extended limitation. Bhat J treated settlement as a unified service taxed on the full merchant discount and would dismiss the Revenue’s appeals without remand. Both rejected characterising the fee as interest or the service as merely a transaction in money. The disagreement resulted in reference to an appropriate Bench, not a final majority determination of the demands.

Issues

  1. Whether the issuing bank’s role attracted separate service tax on interchange fees or formed part of a unified settlement service taxed on the merchant discount.
  2. Whether payment by the acquiring bank and alleged wilful suppression required remand.

Provisions considered

Held

Result

Judges differed: Joseph J would allow the Revenue’s appeals and remand on specified issues; Bhat J would dismiss them. Matter referred to an appropriate Bench; no final majority disposal of the tax demands in these opinions.

Judgment PDF: Supreme Court of India, [2021] 13 S.C.R. 424.