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TMI Blog2012 (7) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... ntly to receive storage and deliver correctly in accordance with the specification and operating requirements. That does not bring the activity of PROSAFE squarely within the fold of Section 65 (105) (zza) as a storage or a warehouse keeper - Being an agent of the process of production, it was not a storage or warehouse keeper. Therefore, service was not provided by the foreign agency as storage o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... curred liability under Finance Act, 1994, came in appeal before Tribunal against that order. 2. The facts in issue were that the appellant as a Floating Production Unit (FPU) was engaged in offshore for drawing crude oil from subsea wells in sea and processes and transfers the processed crude oil through a buoy into a vessel called Floating Storage and Offloading unit (FSO) through which the c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed demand by the impugned order. 3. Ld. Counsel appearing on behalf of the appellant submitted that the foreign party i.e. PROSAFE did not provide any taxable service to the appellant for which the appellant as a recipient of aforesaid service shall not be liable to service tax. It was also contended that there was neither storage nor warehouse service provided by PROSAFE. Therefore, appeal ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gases but does not include any service provided for storage of agricultural produce or any service provided by a cold storage; 6. On examination of the adjudication order, nowhere it is possible to see that PROSAFE was carrying out economic activity of storage and warehouse keeper. Ld. Adjudicating authority in para 31.4 of his order recorded that in terms of the agreement, PROSAFE was respons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ipient of service of the nature not falling within the purview of Section 65 (105) (zza) of Finance Act 1994 read with Section 65 (102) of the said Act. The appeal is thus allowed. Since the appeal is disposed today, application for extension of terms of stay order is disposed as infructuous. (reasons of the decision and the decision pronounced in open court on 7.6.2012) - - TaxTMI - TMIT ..... X X X X Extracts X X X X X X X X Extracts X X X X
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