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    <title>2003 (9) TMI 108 - HIGH COURT OF PUNJAB &amp; HARYANA AT CHANDIGARH</title>
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    <description>Mens rea was the central question for penalty under Rule 173Q(1)(b) of the Central Excise Rules, and the Court held that the Department&#039;s proposed question of law did arise from the Tribunal&#039;s order. That satisfied the requirement for a reference under Section 35H(1) of the Central Excise Act, 1944. The Tribunal was therefore directed to draw up the statement of case and refer the formulated question to the High Court for opinion, with the issue answered in favour of the Revenue.</description>
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      <description>Mens rea was the central question for penalty under Rule 173Q(1)(b) of the Central Excise Rules, and the Court held that the Department&#039;s proposed question of law did arise from the Tribunal&#039;s order. That satisfied the requirement for a reference under Section 35H(1) of the Central Excise Act, 1944. The Tribunal was therefore directed to draw up the statement of case and refer the formulated question to the High Court for opinion, with the issue answered in favour of the Revenue.</description>
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