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2018 (11) TMI 1528 - AT - Service TaxLevy of service tax - Banking and other Financial Services - Maintenance or Repair Service - Storage and Warehousing Service - period August 2002 to July, 2005 - penalties. Banking and other Financial Services - Held that:- The agreement dated 11.07.2001 entered into by PIPL with their customer UML. The very same agreement was considered by the Bangalore Bench in the case of PRAXAIR INDIA LTD VERSUS THE COMMISSIONER OF CENTRAL EXCISE & SERVICE TAX BANGALORE-I [2018 (10) TMI 217 - CESTAT BANGALORE] with reference to the service tax demand made against PIPL. The Tribunal held that there is no liability for payment of service tax since the agreement for lease was executed prior to the date of introduction of the Banking or Financial Services i.e. 16.07.2001. Since the very same agreement for an earlier period is before us, we find no reason to take a different view. Management, Maintenance or Repair service - Held that:- In terms of the agreement entered into by PIPL with UML dated 30.12.2006, PIPL was required to carry out operations and maintenance of the plant and by way of consideration, UML will pay PIPL the amounts as specified in Schedule 4 of the agreement - After careful consideration of the agreement the Bangalore Bench upheld the demand of service tax under the above category - Since the dispute in the present case is very same, we find no reason to take a different view. Storage and warehousing service - Held that:- After considering the agreement the Bangalore Bench has come to the conclusion that the service rendered by PIPL to UML will not come under storage and warehousing service and accordingly has set aside the demand for service tax - demand set asdie. Penalties set aside. Appeal allowed in part.
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