(1) Subsections (2) to (4) apply where a person appeals to the Tribunal under section 162(1) or (3).
(2) The Tribunal may review any determination of fact on which the notice or decision against which the appeal is brought was based.
(3) If the Tribunal considers—
(a) that the notice or decision against which the appeal is brought is not in accordance with the law, or
(b) to the extent that the notice or decision involved an exercise of discretion by the Commissioner, that the Commissioner ought to have exercised the discretion differently,
the Tribunal must allow the appeal or substitute another
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