Applicability of Section 126(6) on 124

As per Section 124 ,FINE will be levied on non representation or on failure of submission of statistics as demanded..
Now further,in 126(6) it is said if there is fixed sum or fixed % of PENALTY in this act then above provisions i.e 126(1) to 126(5) will not apply to it..

Query: Will this 126(6) be applied to 124 ?... because in 124 also there is no fixed amount or fixed % of fine...
Replies (4)
Quick Summary
This discussion examines the applicability of Section 126(6) to Section 124. While Section 124 outlines fines for non-representation or failure to submit statistics, Section 126(6) states that its provisions (126(1) to 126(5)) do not apply if a fixed sum or percentage penalty is stipulated elsewhere in the Act. The core question is whether Section 126(6) can be applied to Section 124, given that Section 124 involves fines rather than fixed penalties.

Yes....
Basically penalty u/s 126 will not levied where penalty is imposed under any other section of the Act
Thank you for replying sir...But query is why 126(6) be applied to 124 because 126(6) has specifically used "penalty" and 124 is all about fine...
Dear
Section 126 will invoke only when the other provision of Section prescribing penalty is not covered.
In my opinion, General disciplinary for penalty also apply to fine where subjective opinion involved to determine penalty or fine.

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