2014 (1) TMI 720

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....Kumar Das The applicant filed this application for waiver of pre-deposit of tax of Rs.1,77,96,613/- imposed under Section 73(2) of the Finance 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. Southe....

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....10.2009 is barred by limitation. 3. The learned authorised representative for the Revenue reiterates the findings of the learned Commissioner. 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 appli....

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....ored in the main tank. It is evident that service tax was paid on storage and warehousing of imported Naphtha and, therefore, prima facie, in the 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 submis....