9911796707
TMI Blog2014 (1) TMI 720X X X X Extracts X X X X X X X X Extracts X X X X ..... imported Naphtha, for which, M/s. IOC Ltd., collected handling charges - the physical handling of the SPIC procured Naphtha viz. unloading, storage and pumping through to SPIC premises was made by IOC, both during the lease period and after the lease period and all the procedures are same and SPIC, who imported Naphtha directly which was also stored in the main tank - service tax was paid on stora ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nance Act, 1994 along with interest under Section 75 of the said Act and penalty of equal amount under Section 78 of the said Act. 2. The learned counsel for the applicant submits that the Indian Oil Corporation entered into lease agreement with M/s. Southern Petro-chemical Industries Corpn. Ltd. (SPIC) for transport of Naphtha from oil jetty to the storage tank and the connecting pipelines from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . He submits that as per agreement, it is clearly covered under the Heading of "Storage and Warehousing Service". In this context, he referred to various paragraphs of the adjudication order. It is also submitted that for the same type of service the applicant has been paying service tax on the imported Naphtha. It is also contended that the representative of the applicant-Company admitted the ren ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... present case also tax is payable on storage and warehousing from refineries to storage tanks and connecting pipeline to storage tank of SPIC comply. It is seen that IOC Ltd., has to store the Naphtha safely as per safety regulation. As regards the submission on barred by limitation, the same would be looked into at the time of appeal hearing at length. Hence the applicant failed to make out a prim ..... X X X X Extracts X X X X X X X X Extracts X X X X
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