https://www.taxtmi.com/caselaws?id=77459 Penalties under Sections 76 and 78 of the Finance Act, 1994 were treated as mutually exclusive, so a concurrent levy under Section 76 was not sustained where penalty under Section 78 had already been imposed and paid. The text also notes that where tax and interest were paid before the adjudication order, the first proviso to Section 78 applied, limiting the penalty to 25%. The practical effect is that Section 76 penalty is removed and Section 78 penalty is confined to the statutory reduced rate when the concession conditions are satisfied. en-us Fri, 09 Apr 2010 00:00:00 +0530 Fri, 29 Oct 2010 18:46:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=77459 Penalties under Sections 76 and 78 of the Finance Act, 1994 were treated as mutually exclusive, so a concurrent levy under Section 76 was not sustained where penalty under Section 78 had already been imposed and paid. The text also notes that where tax and interest were paid before the adjudication order, the first proviso to Section 78 applied, limiting the penalty to 25%. The practical effect is that Section 76 penalty is removed and Section 78 penalty is confined to the statutory reduced rate when the concession conditions are satisfied. Case-Laws Service Tax Fri, 09 Apr 2010 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=77459