Penalty exclusion under section 78: section 76 does not apply where a penalty under section 78 is payable. The Finance Act, 2008 inserts a proviso in section 78 providing that where a penalty is payable under section 78, the provisions of section 76 shall not apply; this creates an explicit non-application rule preventing section 76 from operating in cases governed by the penalty regime of section 78.
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Provisions expressly mentioned in the judgment/order text.
Penalty exclusion under section 78: section 76 does not apply where a penalty under section 78 is payable.
The Finance Act, 2008 inserts a proviso in section 78 providing that where a penalty is payable under section 78, the provisions of section 76 shall not apply; this creates an explicit non-application rule preventing section 76 from operating in cases governed by the penalty regime of section 78.
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