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    <title>2003 (1) TMI 128 - HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR</title>
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    <description>A referable question of law arose on whether the Tribunal had discretion to reduce a penalty imposed under Section 11AC of the Central Excise Act, 1944. In proceedings under Section 35H(1), the High Court treated the controversy as a legal issue emerging from the Tribunal&#039;s order and noted the absence of direct binding precedent from the High Court or Supreme Court on the point. Reference was therefore warranted, and the Tribunal was directed to formulate and refer the question on its power to reduce penalty under Section 11AC for the Court&#039;s opinion.</description>
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    <pubDate>Wed, 15 Jan 2003 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=46801</link>
      <description>A referable question of law arose on whether the Tribunal had discretion to reduce a penalty imposed under Section 11AC of the Central Excise Act, 1944. In proceedings under Section 35H(1), the High Court treated the controversy as a legal issue emerging from the Tribunal&#039;s order and noted the absence of direct binding precedent from the High Court or Supreme Court on the point. Reference was therefore warranted, and the Tribunal was directed to formulate and refer the question on its power to reduce penalty under Section 11AC for the Court&#039;s opinion.</description>
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