2010 (11) TMI 377 - AT - Service Tax

Waiver of predeposit - Demand of service tax and penalties - Storage and warehousing services - There is a contract between the appellants and with their subsidiary company - As per the contract the transportation of crude oil was through pipeline to their subsidiary company - The appellants are paying service tax in respect of this account - There is nothing on record that the appellants are recovering anything over and above amount on which the service tax has already been paid from their subsidiary - Prima facie find that the appellants have a strong case in their favour - Accordingly predeposit of amount of service tax and penalties are waived and recovery of the same are stayed

Summary

Issues:
Waiver of predeposit of service tax and penalties based on the contention of payment of appropriate service tax for transportation of crude oil through pipeline and the demand for storage and warehousing services.

Analysis:
The appellants filed applications for the waiver of predeposit of service tax and penalties, with a common issue involved in both applications. The impugned order confirmed a service tax demand of approximately Rs. 81.00 lakhs and imposed penalties on the appellants for providing storage and warehousing services. The appellants argued that they had a contract with their subsidiary company for the transportation of crude oil through a pipeline, for which appropriate service tax had already been paid. They contended that the present demand related to the distribution of transportation charges to another division was not sustainable as service tax had been paid on the entire amount received for transportation. On the other hand, the Revenue argued that the appellants' records and maintenance facilities indicated activities related to storage, justifying the demand.

Upon examination, it was found that the transportation of crude oil was indeed through a pipeline to the subsidiary company, with service tax being paid accordingly by the appellants. There was no evidence to suggest that the appellants were recovering any additional amount on which service tax had already been paid from their subsidiary. Consequently, it was determined that the appellants had a strong case in their favor. As a result, the predeposit of service tax and penalties was waived, and the recovery of the same was stayed during the appeal's pendency. Both stay petitions were allowed, providing relief to the appellants in this matter. The decision was dictated and pronounced in open court by the Vice-President of the Tribunal.