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Issues:
1. Stay application filed by Revenue seeking stay of Commissioner (Appeals) order. 2. Determination of whether the vehicle in question qualifies as a tourist vehicle under the Motor Vehicles Act, 1988 and Central Motor Vehicles Rules, 1989. 3. Interpretation of relevant legal provisions regarding the classification of the vehicle for service tax purposes. Analysis: 1. The Revenue filed a stay application against the Commissioner (Appeals) order, contending that the vehicle in question was not employed as a tourist vehicle but used as a contractor. The Departmental Representative cited a decision where service tax was held payable for non-tourist vehicles. However, the advocate for the respondents referred to a Division Bench decision supporting their stance. The Tribunal dismissed the stay application, citing the lack of evidence to show that the vehicle met the required construction standards for a tourist vehicle, as per the Motor Vehicles Act and Central Motor Vehicles Rules. 2. The central issue revolved around whether the vehicle satisfied the criteria set forth in the Motor Vehicles Act, 1988, and rule 128 of the Central Motor Vehicles Rules, 1989, to be classified as a tourist vehicle. The Tribunal found that there was insufficient evidence at that stage to establish that the vehicle met the necessary construction standards as outlined in previous legal precedents. Consequently, the Tribunal declined to grant the stay of the Commissioner (Appeals) order, emphasizing the importance of meeting the specific requirements for classification as a tourist vehicle. 3. The case involved the interpretation of legal provisions concerning the classification of vehicles for service tax purposes. The Tribunal considered the arguments presented by both parties, including references to relevant legal precedents. Ultimately, the decision hinged on whether the vehicle in question fulfilled the statutory requirements to be categorized as a tourist vehicle under the applicable laws. The Tribunal's ruling highlighted the significance of meeting the stipulated criteria to determine the liability for service tax, underscoring the need for adherence to the regulatory framework in such matters.
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