2010 (7) TMI 255 - PUNJAB AND HARYANA HIGH COURT

Concurrent levy of penalty u/s 76 and 78 - Held that: - the fact that penalty has been levied under section 78 could be taken into account for levying or not levying penalty under section 76 of the Act. In such situation, even if reasoning given by the appellate authority that if penalty under section 78 of the Act was imposed, penalty under section 76 of the Act could never be imposed may not be correct, the appellate authority was within its jurisdiction not to levy penalty under section 76 of the Act having regard to the fact that penalty equal to service tax had already been imposed under section 78 of the Act - This thinking was also in consonance with the amendment now incorporated though the said amendment may not have been applicable at the relevant time