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    <title>2009 (2) TMI 525 - CESTAT, NEW DELHI</title>
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    <description>Where an order is passed without affording a fair opportunity of hearing and the controversy requires independent scrutiny of the evidence and pleadings, remand is the proper course. The appellate authority found a breach of natural justice because the respondent had not been given an adequate chance to explain its case, and held that the matter required reconsideration by the adjudicating authority. The impugned order was set aside and the dispute was returned for fresh decision on merits after both sides were heard in accordance with natural justice.</description>
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      <description>Where an order is passed without affording a fair opportunity of hearing and the controversy requires independent scrutiny of the evidence and pleadings, remand is the proper course. The appellate authority found a breach of natural justice because the respondent had not been given an adequate chance to explain its case, and held that the matter required reconsideration by the adjudicating authority. The impugned order was set aside and the dispute was returned for fresh decision on merits after both sides were heard in accordance with natural justice.</description>
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