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    <title>2018 (6) TMI 15 - CESTAT BANGALORE</title>
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    <description>Refund claims relating to an SEZ unit had to be reconsidered on the correct factual matrix and the applicable notification. The appellate order was found to contain material factual inaccuracies, to rely on provisions and notifications not applicable to the claims, and to have been passed without an effective opportunity of hearing. The rectification plea highlighting clerical and factual errors was also not properly addressed, showing lack of application of mind and breach of natural justice. The impugned order was set aside and the refund appeals were remanded for fresh decision after hearing the assessee and examining the claims under the correct notification.</description>
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      <link>https://www.taxtmi.com/caselaws?id=361188</link>
      <description>Refund claims relating to an SEZ unit had to be reconsidered on the correct factual matrix and the applicable notification. The appellate order was found to contain material factual inaccuracies, to rely on provisions and notifications not applicable to the claims, and to have been passed without an effective opportunity of hearing. The rectification plea highlighting clerical and factual errors was also not properly addressed, showing lack of application of mind and breach of natural justice. The impugned order was set aside and the refund appeals were remanded for fresh decision after hearing the assessee and examining the claims under the correct notification.</description>
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