Jyoti Balasundaram, Vice-President - We have heard both sides on the applications for waiver of pre-deposit of service tax of Rs. 72,86,854/- for the period 2003-04 to 2006-07 [up to 10-7-2006], together with interest and penalty of equal amount imposed under Section 78 and penalty under Section 76 at appropriate rates and penalty of Rs. 1,000/- under Section 77 of Chapter V of the Finance Act, 1994 [subject matter of Appeal No. ST/196/2009] and service tax of Rs.36,34,977/- for the period from 11-7-2006 to 15-4-2007 together with interest and penalty of equal amount under Section 78, penalty at appropriate rate under Section 76 and Rs. 1,000/- under Section 77 [subject matter of Appeal No. ST/197/2009]. The demand has been confirmed on the ground that the applicants herein who are manufacturers of passenger cars and parts thereof rendered business auxiliary service by providing value participation service to M/s. RICO Auto Industries, Gurgaon (hereinafter referred to as RICO) as an incentive for allowing them to sell their automobile products at various branches and service centres of the applicants under an agreement dated 1-4-2003 and had received RICO value participation s