https://www.taxtmi.com/caselaws?id=400826 The Tribunal allowed the Revenue's appeal, imposing a penalty of Rs. 100 per day on the confirmed Service Tax under Section 76 of the Finance Act, 1994. It held that penalties under Sections 76 and 78 can be imposed simultaneously as the offenses are distinct. The amendment to Section 78 was deemed not retrospective, and penalties under both sections were found to be mutually exclusive. The Commissioner's discretion in not imposing a penalty under Section 76 was upheld, and the case was referred to a third member to resolve the differing opinions on the issues raised. en-us Mon, 02 Nov 2020 00:00:00 +0530 Thu, 19 Nov 2020 10:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=400826 The Tribunal allowed the Revenue's appeal, imposing a penalty of Rs. 100 per day on the confirmed Service Tax under Section 76 of the Finance Act, 1994. It held that penalties under Sections 76 and 78 can be imposed simultaneously as the offenses are distinct. The amendment to Section 78 was deemed not retrospective, and penalties under both sections were found to be mutually exclusive. The Commissioner's discretion in not imposing a penalty under Section 76 was upheld, and the case was referred to a third member to resolve the differing opinions on the issues raised. Case-Laws Service Tax Mon, 02 Nov 2020 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=400826