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    <title>2016 (1) TMI 107 - CESTAT BANGALORE</title>
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    <description>A party cannot enlarge an appeal by introducing fresh objections that were neither part of the show-cause notice nor decided in the earlier proceedings, once those proceedings have attained finality. The dispute concerned refund of accumulated CENVAT credit under Rule 5 of the CENVAT Credit Rules, 2004, where the original objection related only to filing more than one refund claim in a quarter. That issue had already been decided in favour of the assessee and accepted on review. The later attempt to raise a new ground was treated as an impermissible expansion of the controversy beyond the settled record, and the assessee succeeded.</description>
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      <link>https://www.taxtmi.com/caselaws?id=270315</link>
      <description>A party cannot enlarge an appeal by introducing fresh objections that were neither part of the show-cause notice nor decided in the earlier proceedings, once those proceedings have attained finality. The dispute concerned refund of accumulated CENVAT credit under Rule 5 of the CENVAT Credit Rules, 2004, where the original objection related only to filing more than one refund claim in a quarter. That issue had already been decided in favour of the assessee and accepted on review. The later attempt to raise a new ground was treated as an impermissible expansion of the controversy beyond the settled record, and the assessee succeeded.</description>
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