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    <title>2023 (6) TMI 860 - CESTAT MUMBAI</title>
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    <description>The Tribunal allowed the appeal by remanding the case back to the Commissioner (Appeals) for fresh consideration, emphasizing that the Commissioner of Customs cannot decide on issues not before him and must adhere to the appellate process for filing appeals by the Revenue. The rejection of the refund claim on the ground of limitation was deemed improper, and the matter was directed to be reviewed focusing only on the issues raised by the appellant. Both parties were granted a fair opportunity to present their respective arguments and evidence.</description>
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      <description>The Tribunal allowed the appeal by remanding the case back to the Commissioner (Appeals) for fresh consideration, emphasizing that the Commissioner of Customs cannot decide on issues not before him and must adhere to the appellate process for filing appeals by the Revenue. The rejection of the refund claim on the ground of limitation was deemed improper, and the matter was directed to be reviewed focusing only on the issues raised by the appellant. Both parties were granted a fair opportunity to present their respective arguments and evidence.</description>
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