Raja Abhishek For NIRC 2024

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๐Ÿ“ฐ ๐—–๐—ฎ๐—น๐—ฐ๐˜‚๐˜๐˜๐—ฎ ๐—›๐—ถ๐—ด๐—ต ๐—–๐—ผ๐˜‚๐—ฟ๐˜ ๐—ฅ๐˜‚๐—น๐—ถ๐—ป๐—ด: ๐—œ๐—š๐—ฆ๐—ง ๐—ก๐—ผ๐˜ ๐—”๐—ฝ๐—ฝ๐—น๐—ถ๐—ฐ๐—ฎ๐—ฏ๐—น๐—ฒ ๐—ผ๐—ป ๐—œ๐—ป๐˜๐—ฒ๐—ฟ๐—ฒ๐˜€๐˜ ๐—ณ๐—ผ๐—ฟ ๐—–๐—ฟ๐—ฒ๐—ฑ๐—ถ๐˜ ๐—–๐—ฎ๐—ฟ๐—ฑ ๐—Ÿ๐—ผ๐—ฎ๐—ป

๐Ÿ“ข Courtโ€™s Statement: "The interest component on EMIs for credit card loans does not constitute 'credit card services' and is therefore exempt from IGST."

๐Ÿ” ๐—™๐—ฎ๐—ฐ๐˜๐˜€: โ€ข ๐—–๐—ฎ๐˜€๐—ฒ ๐—ง๐—ถ๐˜๐—น๐—ฒ: Ramesh Kumar Patodia vs City Bank N.A. โ€ข ๐—–๐—ผ๐˜‚๐—ฟ๐˜: Calcutta High Court โ€ข ๐——๐—ฎ๐˜๐—ฒ: 25-Jul-2023

๐—œ๐˜€๐˜€๐˜‚๐—ฒ: Mr. Patodia, a credit card holder with Citibank, challenged the levy of IGST on the interest charged on a โ‚น6,50,000 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 cardโ€™s services.

๐—ฃ๐—ฟ๐—ผ๐—ฐ๐—ฒ๐—ฒ๐—ฑ๐—ถ๐—ป๐—ด๐˜€: 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.

โš– ๐—๐˜‚๐—ฑ๐—ด๐—บ๐—ฒ๐—ป๐˜: 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.

๐Ÿ“œ ๐—œ๐—บ๐—ฝ๐—น๐—ถ๐—ฐ๐—ฎ๐˜๐—ถ๐—ผ๐—ป๐˜€: 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

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