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    <title>2018 (5) TMI 1397 - CESTAT BANGALORE</title>
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    <description>In de novo proceedings, an adjudicating authority is bound by the scope of remand and by final appellate findings, and cannot deny refund on a fresh ground inconsistent with those directions. Where earlier appellate and Tribunal orders had finally held that assessment was provisional for all brands and had required finalisation on that basis, a new basis for rejecting refund could not be introduced. The rejection was therefore unsustainable and was set aside, with consequential relief granted.</description>
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      <description>In de novo proceedings, an adjudicating authority is bound by the scope of remand and by final appellate findings, and cannot deny refund on a fresh ground inconsistent with those directions. Where earlier appellate and Tribunal orders had finally held that assessment was provisional for all brands and had required finalisation on that basis, a new basis for rejecting refund could not be introduced. The rejection was therefore unsustainable and was set aside, with consequential relief granted.</description>
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