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2010 (7) TMI 236 - PUNJAB AND HARYANA HIGH COURTCase referred back to the Tribunal- Assessing Authority imposed interest and penalty on the assessee. On appeal, the Tribunal set aside the levy of interest and penalty following judgment of the Tribunal in CCE, Aurangabad v. M/s Rucha Engineering Pvt. Ltd. High court dismissed appeal of the revenue. Hon'ble Supreme Court referred case back to High Court. The revenue pointed out that judgment of the Tribunal in CCE, Aurangabad v. M/s Rucha Engineering Pvt. Ltd had been disapproved by the Hon'ble Supreme Court. Assessee pleaded that proceedings by invoking extended period of limitation were not justified and in absence of mens rea, penalty could not be levied. High court declined to give any opinion on the question of limitation and quantification and directed to go back to Tribunal.
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