Raja Abhishek For NIRC 2024
about 2 months ago
๐ฐ ๐๐ฎ๐น๐ฐ๐๐๐๐ฎ ๐๐ถ๐ด๐ต ๐๐ผ๐๐ฟ๐ ๐ฅ๐๐น๐ถ๐ป๐ด: ๐๐๐ฆ๐ง ๐ก๐ผ๐ ๐๐ฝ๐ฝ๐น๐ถ๐ฐ๐ฎ๐ฏ๐น๐ฒ ๐ผ๐ป ๐๐ป๐๐ฒ๐ฟ๐ฒ๐๐ ๐ณ๐ผ๐ฟ ๐๐ฟ๐ฒ๐ฑ๐ถ๐ ๐๐ฎ๐ฟ๐ฑ ๐๐ผ๐ฎ๐ป
๐ข Courtโs Statement: "The interest component on EMIs for credit card loans does not constitute 'credit card services' and is therefore exempt from IGST."
๐ ๐๐ฎ๐ฐ๐๐: โข ๐๐ฎ๐๐ฒ ๐ง๐ถ๐๐น๐ฒ: Ramesh Kumar Patodia vs City Bank N.A. โข ๐๐ผ๐๐ฟ๐: Calcutta High Court โข ๐๐ฎ๐๐ฒ: 25-Jul-2023
๐๐๐๐๐ฒ: Mr. Patodia, a credit card holder with Citibank, challenged the levy of IGST on the interest charged on a โน6,50,000 loan, arguing that this interest did not fall under "credit card services" for IGST purposes. Citibank had added IGST on the interest for each EMI, treating it as part of the credit cardโs services.
๐ฃ๐ฟ๐ผ๐ฐ๐ฒ๐ฒ๐ฑ๐ถ๐ป๐ด๐: Representing himself, Mr. Patodia argued that the loan and its interest were distinct from credit card services, which are generally subject to IGST. He cited exemptions under relevant Finance Act provisions and IGST notifications.
โ ๐๐๐ฑ๐ด๐บ๐ฒ๐ป๐: The Calcutta High Court ruled in favor of Mr. Patodia, declaring that the interest portion of the EMIs was exempt from IGST. The court ordered Citibank to refund the IGST collected on these interest payments, affirming that the loan was a separate transaction and did not fall within the taxable "credit card services" category.
๐ ๐๐บ๐ฝ๐น๐ถ๐ฐ๐ฎ๐๐ถ๐ผ๐ป๐: This decision clarifies that IGST is not applicable to interest on loans taken through credit cards if such loans are independent transactions. It reinforces the requirement for banks to differentiate between loan-related services and standard credit card services in GST assessments. Team GSTpanacea 7503031378
Page created with TweetHunter
Write your own