PROMPT SERVICES Vs. COMMISSIONER OF C. EX., BOLPUR

JUDGEMENT

(1.) HEARD both sides.

(2.) SHRI Pawan Kr. Agarwal, C.A. appearing for the Appellants states that the Appellants have paid the Service Tax along with interest as well as the penalty imposed under Section 78 of the Finance Act, 1994. He states that the Appeal is limited to a challenge on second penalty imposed under Section 76 of the Finance Act, 1994. He argues that w.e.f. 2008, penalties under Section 76 and Section 78 have been made mutually exclusive and therefore, the penalty under Section 76 should be set aside.

(3.) HEARD the learned Departmental Representative Shri A.K. Sharma who states that during the impugned period it was permissible to impose penalties under both the Sections 76 and 78. He further states that the amendment made in the year 2008 is only prospective and has no application for the previous period.