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    <description>A classification plea raised for the first time before the Tribunal, namely that the service was classifiable as supply of tangible goods for use, had not been claimed or examined before the lower authority. Because that contention went to the foundation of the refund dispute and had not been adjudicated on facts or law at the original stage, fresh consideration by the adjudicating authority was required. The impugned order was set aside and the matter was remanded for reconsideration of all issues afresh.</description>
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      <description>A classification plea raised for the first time before the Tribunal, namely that the service was classifiable as supply of tangible goods for use, had not been claimed or examined before the lower authority. Because that contention went to the foundation of the refund dispute and had not been adjudicated on facts or law at the original stage, fresh consideration by the adjudicating authority was required. The impugned order was set aside and the matter was remanded for reconsideration of all issues afresh.</description>
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