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of <h1>Appellant granted waiver on pre-deposit of service tax & penalty under Section 76 Finance Act, 1994</h1> The appellant was directed to pre-deposit service tax and penalty under Section 76 of the Finance Act, 1994 for activities related to manufacturing, sale, ... - Appellant faced demand for pre-deposit of service tax Rs. 8,03,405 and penalty Rs. 9,34,635, plus penalty of Rs.100 per day under Section 76 of the Finance Act, 1994, for composite contracts involving manufacture, sale and erection/installation of elevators. Appellant had already paid service tax on maintenance and repair services and argued the composite contract cannot be 'vivisected' to levy separate service tax on erection/installation. Reliance was placed on Kone Elevators (India) Ltd. (Apex Court) holding the activity to be a 'sale' and not a 'works contract', and on tribunal/Apex-affirmed authority (Daelim Industrial) rejecting classification as a consulting/works contract for service tax. Revenue contended quantification was correct. On a prima facie view favoring the assessee, the tribunal granted full waiver of the pre-deposit and stayed recovery of the demanded amounts pending disposal of the appeal.
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