1. After hearing both sides and on coming to a preliminary finding that the issue is the recovery of Service Tax refund granted to the service provider and whether on the grounds that subsequent credit notes would absolve the liabilities of unjust enrichment clause made applicable to Service Tax under Section 83 of the Service Tax Act, 1994 has to be decided at the final hearing of this matter. At this prima facie stage, considering the provisions of Sub-rule (3) of 6 of the Service Tax Rules, 1994, this appears to be a fit case to order the stay of the recovery of the refunds, as ordered by the impugned order, pending final decision of the appeal. Matter to be listed in due course.
Revenue granted liberty to file on early hearing application if they so opt. Stay application disposed off in above terms.