Ashok Jindal, Member (J)
1. The revenue is in appeal against the impugned orders for not imposing penalty under section 76 of the Finance Act, 1994.
2. Today, when the matter was called, the Ld.Special Counsel for the revenue supported the grounds of appeal.
3. Heard the Ld.Special Counsel for the revenue.
4. Considering the fact that in this case penalty under section 78 of the Finance Act, 1994 has already been imposed on the respondent, therefore, we refrain from imposing penalty on the respondent under section 76 of the Finance Act, 1994, as held by the Hon’ble Karnataka High Court in the case of Commissioner of Service Tax, Bangalore Vs. Motor World [2012 (27) S.T.R. 225 (Kar.)], wherein the Hon’ble High Court has held that –
“33. In the light of the foregoing discussion and for the reasons stated above, we answer the substantial questions of law as under :-
(2) Sections 76 and 78 are mutually exclusive. If penalty is payable under Section 78, Section 76 is not attracted. Therefore, no penalty can be imposed for the same failure under both the provisions.”
5. Therefore, we do not find any merit in the appeals filed by the revenue. Accordingly the same are dismissed.
