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2009 (10) TMI 557

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..... substantial justice between the parties - Held that: - on the prayer of a party that it wants to lead additional evidence in support of its claim, a contested order passed by the original authority cannot be set aside mechanically remanding the case before the original authority for fresh decision - applications are disposed of - 1463, 1465 & 1467 of 2009 and CEXA Nos. 37-39 of 2 - - - Dated:- 28 .....

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..... did not grant Modvat Credit in respect of certain items. Learned advocate for the appellant submitted before the Tribunal that the appellants had certain documents available with them and the appellants wanted to produce those documents before the original authority. The Tribunal accepted the plea of the learned advocate for the appellants and remitted the matters to the original authority to tak .....

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..... aside mechanically remanding the case before the original authority for fresh decision on the merits. 5. We, therefore, set aside the order of remand and remit all these appeals to the Appellate Tribunal with a request to consider the matter afresh in the light of our aforementioned observations. 6. The appeals stand allowed as above. The parties are present before us. No fresh not .....

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