2009 (11) TMI 528 - AT - Service Tax

Waiver of pre-deposit - Penalty transportation of goods through pipeline service - appellant had installed storage tanks in the factory premises of the purchaser sale of goods though tanks - ownership of such goods in tanks and pipelines lies with the appellant - no service provided by the appellant to fall under the category of transportation of goods through pipeline - prima facie case for waiver of pre-deposit - waiver of pre-deposit allowed

Summary

Issues:
Service tax liability on transportation of goods through pipeline service.

Analysis:
The case involved a stay petition against the waiver of pre-deposit amounts, including service tax, interest, and penalties. The issue revolved around the service tax liability on the applicant for the transportation of goods through pipeline service. The appellant had installed storage tanks at the purchaser's premises and transported goods from their refinery to these tanks for sale to the purchaser. The revenue demanded service tax on this transfer of goods through pipeline service. The appellant argued that since they owned the pipelines and tanks where the goods were stored and sold, there was no service provided that fell under the category of 'transportation of goods through pipeline service'. They also highlighted that they had already paid sales tax on the goods sold. The Joint CDR, on the other hand, contended that transportation of goods through pipeline attracts service tax liability.

Upon considering the arguments and examining the records, the Tribunal found that the tanks and pipelines installed at the purchaser's premises were owned by the appellant. The sales of goods occurred from these tanks, and the ownership of the goods in the tanks and pipelines belonged to the appellant. Consequently, the Tribunal concluded that no service was provided by the appellant that fell under the category of 'transportation of goods through pipeline service'. As a result, the Tribunal determined that the appellant had established a prima facie case for the waiver of the pre-deposit amounts. Therefore, the application for the waiver of pre-deposit amounts was allowed, and the recovery of the said amounts was stayed pending the disposal of the appeal.