Service Tax – On-going Works Contract as on 01.06.2007 – Prima facie case alone is not sufficient for granting stay – Tribunal to follow principles for granting stay

Bench enumerated the following principles to be kept in mind while considering the applications for stay or waiver of pre- deposit under Section 35F of the Act. 1) The applications for stay should not be disposed of in a routine manner unmindful of the consequences flowing from the order requiring the assessee to deposit full or part of the demand; 2) Three aspects to be focused while dealing with the applications for dispensing of pre- deposit are: (a) prima facie case, (b) balance of convenience, and (c) irreparable loss; 3) Interim orders ought not to be granted merely because a prima facie...