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Issues: Whether the appellant had made out a prima facie case for grant of stay against the demand of service tax on installation and commissioning activity arising from a composite works contract.
Analysis: The contract was accepted as a composite works contract. The demand had been confirmed by extending the benefit of abatement under Notification No. 19/5/2003. The Tribunal noted that the issue stood covered by earlier decisions, including a decision that had been affirmed by the Supreme Court and followed in subsequent cases, showing a settled prima facie position in favour of the appellant.
Conclusion: The issue was held to be prima facie covered in favour of the appellant, warranting grant of stay.