Amount received through enchashment of bg subject to gst?

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John Jhar (Querist)
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14 July 2019 We are trading company. Bank guarantee furnished by Contractor has encashed by our company. Kindly advise that can we book this amount (BG amount) under Misc Income? Is this income is subject to GST? Kindly help.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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14 July 2019 The Authority for Advance Rulings (AAR) has ruled that payments in respect to nonperformance of a contract would be liable to goods and services tax (GST). ... Liquidated damages are payments in lieu of non-performance of a contract.

John Jhar

John Jhar (Querist)
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14 July 2019 Thanks. Could you directly reply whether I shall pay GST on the amounts we received through encasement of bank guarantee.