Whether GST is payable on cancellation charges/ penalty/ liquidated damages ?
Issue Favourable to Tax Payer ?:- yes
Held - The Appellant had no choice of tolerating cancellation or not. The Appellant has not chosen to tolerate the cancellation. The cancellation w.....
Issue Favourable to Tax Payer ?:- yes
Held - There is substance in the submission advanced by the learned counsel for the Appellant that no service tax is payable on the amount collecte.....
Issue Favourable to Tax Payer ?:- yes
Held - It was found that as per Finance Act, 1994, the basic element to charge Service Tax is the element of service i.e. there should be an activi.....
Issue Favourable to Tax Payer ?:- yes
Held - In the instant case, the said amount has not been collected towards any activity liable for Service Tax but as compensation/penalty for brea.....
Issue Favourable to Tax Payer ?:- yes
Held - In the instant case, the parties entered into the Agreement dated 12.07.2011 for import of a specified quantity of coal and for availin.....
Issue Favourable to Tax Payer ?:- yes
Held - Compensation can be of two forms : un-liquidated damages or liquidated damages. If the suffering party sues the other .....