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2013 (11) TMI 508 - AT - Service TaxPenalty u/s 76 or 78 - Whether penalty u/s. 76 of the Finance Act 1994 can be imposed when penalty u/s. 78 of the Finance Act has already been imposed - Amendment to section 78 - Held that:- With this amendment the legal position now is that simultaneous penalties under both Section 76 and 78 of the Act would not be levied. However, since this amendment has come into force w.e.f. 10th May, 2008, it cannot have retrospective operation in the absence of any specific stipulation to this effect. Going by the nature of the amendment, it also cannot be said that this amendment is only clarificatory in nature - Following decision of Anand Decoreters & Hirers Vs. Commissioner ST, Ahmedaba [2013 (8) TMI 374 - CESTAT AHMEDABAD] - Decided against assessee.
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