Commissioner of Central Excise Commissionerate Versus M/s Cool Tech. Corporation ( High Court Of Punjab and Haryana)

CESTAT was right in not imposing penalty under section 76 of the Finance Act, 1994 for the period to 16.5.2008 holding that penalty under section 76 & 78 of the Act is not imposable simultaneously, both section being mutually exclusive, particularly when these sections became mutually exclusive only from 16.5.2008 after amendment of section 78 of the Finance Act, 1994. J U D G M E N T ADARSH KUMAR GOEL, J This appeal has been preferred by the revenue under Section 35G of the Central Excise Act, 1944 read with Section 83 of the Finance Act , 1994 against order dated 22.3.2010 passed by th...