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    <title>2010 (6) TMI 535 - CESTAT, CHENNAI</title>
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    <description>The first appellate authority had rejected the Revenue&#039;s appeal on the assumption that the review order and grounds of appeal were mechanically issued, but the record showed that the grounds were available when the review order was passed, making that factual basis incorrect. As no adjudication had yet been made on the refund claim&#039;s merits, the dispute required fresh consideration by the lower appellate authority. The impugned order was therefore set aside insofar as it concerned the respondent, and the matter was remitted for a fresh decision on the merits in favour of the Revenue.</description>
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      <title>2010 (6) TMI 535 - CESTAT, CHENNAI</title>
      <link>https://www.taxtmi.com/caselaws?id=204494</link>
      <description>The first appellate authority had rejected the Revenue&#039;s appeal on the assumption that the review order and grounds of appeal were mechanically issued, but the record showed that the grounds were available when the review order was passed, making that factual basis incorrect. As no adjudication had yet been made on the refund claim&#039;s merits, the dispute required fresh consideration by the lower appellate authority. The impugned order was therefore set aside insofar as it concerned the respondent, and the matter was remitted for a fresh decision on the merits in favour of the Revenue.</description>
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