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Issues: Whether the appellant had made out a prima facie case for waiver of pre-deposit and stay of recovery in a service tax dispute concerning classification of bird-scaring activity under Security Agency Service.
Analysis: The Tribunal noted that the activity of scaring birds in the airport area may not directly fall within the definition of Security Agency Service. On that prima facie view, the appellant was considered entitled to interim protection pending disposal of the appeal.
Outcome: Waiver of pre-deposit was granted and recovery was stayed till disposal of the appeal.
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