https://www.taxtmi.com/caselaws?id=349549 Penalty under section 76 of the Finance Act, 1994 was unsustainable because penalty under section 78 had already been imposed for the same service tax default during an earlier period. The Tribunal applied the principle that the two penalties could not be levied simultaneously for the same offence for the relevant period, and noted that the amendment permitting simultaneous levy operated only from 10.05.2008. The assessee had paid the service tax with interest and discharged 25% of the section 78 penalty, so the section 76 penalty was set aside while the tax demand, interest, and reduced section 78 penalty were left undisturbed. en-us Thu, 03 Aug 2017 00:00:00 +0530 Tue, 17 Oct 2017 08:51:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=349549 Penalty under section 76 of the Finance Act, 1994 was unsustainable because penalty under section 78 had already been imposed for the same service tax default during an earlier period. The Tribunal applied the principle that the two penalties could not be levied simultaneously for the same offence for the relevant period, and noted that the amendment permitting simultaneous levy operated only from 10.05.2008. The assessee had paid the service tax with interest and discharged 25% of the section 78 penalty, so the section 76 penalty was set aside while the tax demand, interest, and reduced section 78 penalty were left undisturbed. Case-Laws Service Tax Thu, 03 Aug 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=349549