2014 (1) TMI 143 - AT - Service Tax

Demand of service tax - Storage and Warehousing Services - Held that - The appellants, on an optional basis, are providing the storage tanks at the premises of the customers. We do not find any evidence of the appellants overseeing the receipt and issue from the said storage tanks. Under these circumstances, these activities may not fall under the category of Warehousing and Storage Services and therefore, the appellants have made out a strong case for waiver of balance of dues as per the impugned order - Stay granted.

Summary

Issues:

1. Whether rental charges collected by the appellant for maintaining storage tanks constitute 'Storage and Warehousing Services' for the purpose of service tax liability.

Analysis:

The appellant, a dealer of LPG, supplies the gas to customers who opt to maintain a minimum stock in storage tanks provided by the appellant. The appellant not only constructs and installs these storage tanks but also collects rental charges for their maintenance. The issue at hand is whether these rental charges should be considered as charges for 'Storage and Warehousing Services', leading to a demand for service tax of Rs. 29,16,530/- along with interest and penalties.

The appellant argues that they are not in control of the storage tanks and do not oversee the receipt and issue of LPG, which are managed by the customers themselves. They contend that merely installing and maintaining the storage tanks does not amount to providing 'Storage & Warehousing Services'. It is highlighted that a pre-deposit of Rs. 6,69,075/- was ordered by the Commissioner (Appeals) during the appeal process, which the appellant has already deposited.

On the other hand, the Superintendent (AR) asserts that since the appellant not only installed but also maintained the storage tanks, the rental charges should be considered as fees for providing 'Warehousing and Storage Services'. The Tribunal carefully evaluates both sides' arguments and examines the evidence on record. It notes that the appellant offers the storage tanks on an optional basis to customers and finds no proof of the appellant overseeing the operations of the tanks. Consequently, the Tribunal concludes that the activities do not fall under the category of 'Warehousing and Storage Services'.

In light of the above analysis, the Tribunal decides to waive the pre-deposit of the remaining dues as per the impugned order and stays the recovery until the appeal is disposed of. This judgment signifies the importance of a thorough examination of the nature of services provided to determine the applicability of service tax liabilities accurately.