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2010 (12) TMI 306 - HC - Central ExciseQuestion before high court - review petitioner - tribunal to refer question before HC - Held that: It is apparent that in terms of Section 35-K when the High Court decide the question of law raised therein it shall deliver its judgement thereon and send a copy of the judgement to the Appellate Tribunal which shall then pass such orders as are necessary to dispose of the case in conformity with such judgement. It is, therefore, apparent that under Section 35-H this Court cannot decide any question and can only ask the appellate Tribunal to refer the question of law. Even after reference is made the High Court can only decide the question referred to it and thereafter has to send its judgement to the Tribunal who shall then decide the case in accordance with the judgement. - it is apparent that there is error apparent on the record of the case in as much as that this Court only has the jurisdiction to direct the Tribunal to refer the questions of law and could not have decided the same without such reference being made.
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