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The CESTAT allowed the appeal by remanding the matter to the original adjudicating authority for fresh adjudication on whether the service recipient, Sir Ganga Ram Hospital, qualifies as a charitable or commercial entity, the correct classification of the services provided by the appellant, and the applicability of the extended limitation period. The original authority is directed to provide the appellant with adequate opportunity of hearing and to dispose of the matter within four months from receipt of the order. The Tribunal did not decide on the merits but required a fresh decision on the specified issues.
The CESTAT allowed the appeal by remanding the matter to the original adjudicating authority for fresh adjudication on whether the service recipient, Sir Ganga Ram Hospital, qualifies as a charitable or commercial entity, the correct classification of the services provided by the appellant, and the applicability of the extended limitation period. The original authority is directed to provide the appellant with adequate opportunity of hearing and to dispose of the matter within four months from receipt of the order. The Tribunal did not decide on the merits but required a fresh decision on the specified issues.
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