Case law

[Balasubramanian Natarajan]

I would like to know whether any Higher Forum such as Hon. High Cout or Hon.Supreme Court has rendered any Judgment: 1.Striking down Section 76 of the  Finance Act, 1994 Fully or Partly 2.Any Judgement of higher Forum Such as HC/SC on Section 76 of the  Finance Act, particularly holding that Section 76 and Section 78 of the Finance Act, 1994 are mutually exclusive Shall be grateful to hae Ciatations on this

[Surender Gupta]

You need to search the database of case laws on this website or any other sources available to you.

[ranganath shenoy]

There seems to be no such decision.However you can take advantage of the recent amendment which says that penalties will not arise under both the sections.You may argue that the amendment has to be considered clarificatory in nature and therefore should b retrospectively applicable

[JainPal Jain]

I think that in this year this amendment in the act has been incorporated and proviso has been added to the section 78 where it is provided that if the penaly is payable under section 78,the proviso of section 76 will not apply. So on this basis also and on the constituional ground both penaly can not be leviable

AI Summary

Penalty exclusivity: amendment prevents simultaneous penalties under the relevant provisions, supporting clarificatory retrospective arguments in submissions. No higher-court decision was identified striking down the Finance Act, 1994 provision or declaring the two penal provisions mutually exclusive; a legislative amendment adds a proviso preventing penalties under both provisions in the same case, which may be argued to be clarificatory and retrospectively applicable, and a constitutional objection to dual penalties may be urged.