9911796707
TMI Blog2015 (9) TMI 1092X X X X Extracts X X X X X X X X Extracts X X X X ..... on 65 (105) (zzb) read with Section 65 (19) of the Finance Act, 1994. - in respect of identical transactions covered by a substantially similar agreements the Final Order in Bharat Petroleum Corporation Ltd. (2014 (7) TMI 159 - CESTAT MUMBAI) and the Interim Order in Indian Oil Corporation Ltd. (2015 (9) TMI 1098 - CESTAT NEW DELHI). - balancing interests of Revenue and of the applicant justify a pre-deposit of 50% of the assessed liability along with proportionate interest by the applicant - Partial stay granted. - Application No. ST/STAY/59890/2013-CU[DB], Appeal No. ST/59270/2013-CU[DB] - Stay Order No. SO/52580/2015-CU(DB) - Dated:- 14-7-2015 - G Raghuram, President And R. K. Singh, Member (T), JJ. For the Appellant : Shri B La ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would rightly be considered to have provided BAS by selling goods belonging to IGL. However, if the applicant's plea were true, the applicant being the owner of CNG cannot be said to have provided any service to IGL on the sale of its own goods. The dispute therefore is essentially centered on the nature of the transaction and whether has occurred a transfer of property in natural gas or CNG, in favour of the applicant from IGL, before CNG is sold to retail customers. 6. Substantially, similar agreements, as the agreement between the applicant herein and owners of natural gas/CNG were considered by this Tribunal in Bharat Petroleum Corporation Ltd. Vs. CST, Mumbai - ST/778 779/12 ST/85346/13-Mumand in Indian Oil Corporation Ltd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he transactional document, viz., the relevant agreement between the applicant and the IGL, the supplier of natural gas/CNG, the conclusions recorded in the above judgement/order cannot prima facie be considered as laying down a ratio which operates as a precedent in a later case. 9. The agreement dated 31.10.2007 between the applicant herein and IGL specifies the transaction and reciprocal obligations in issue and between the contracting parties with regard to vending of CNG to retail customers. To the extent, relevant and material, the agreement spells out obligations of the IGL with regard to installation of equipment for compression of natural gas into CNG; the obligation to supply natural gas from a tap off point on IGL's line to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pay IGL the price of CNG sold till the date of termination of the agreement in accordance with the provisions of Article 8. Clause 13.2.3 (b) stipulates that all unsold CNG in possession of the applicant shall be returned to IGL or disposed of as per the directions of IGL. This clause would prima facie indicate that CNG continues to be the property of IGL. 11. Prima facie, in view of stipulation in clause 13.2.3, it appears that there is no sale of natural gas or CNG to the appellant and sale of CNG the retail customers is by IGL itself without an intermediary transfer of property in CNG in favour of the applicant. If that be prima facie the position emanating from the agreement, between the applicant and IGL, the activity of the appella ..... X X X X Extracts X X X X X X X X Extracts X X X X
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