Penalty under Sections 76 and 78 are mutually exclusive and could not be imposed simultaneously

On appeal levy of penalty under Section 76 was set aside while under Section 78 was upheld. It was held that penalty under Sections 76 & 78 are mutually exclusive and could not be imposed simultaneously. On further appeal, the Tribunal dismissed the appeal following order of the High Court. It is not disputed that the Tribunal has merely followed the order of the High Court. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Service Tax Appeal No. 47 of 2010 COMMISSIONER OF CENTRAL EXCISE, CHANDIGARH-I Vs M/s COOL TECH CORPORATION, CHANDIGARH Dated: December 17, 2010 JU...