Non-Compliance documents have not been submitted by the contractors debited
This query is : Resolved
Magesh Sambath
(Querist)
05 September 2026
Dear Sir,
The amount has been withheld because the required non-compliance documents have not been submitted by the sub contractor. The same was communicated to the contractor, and only thereafter was the amount debited included GST. for the year 2025-2026,
Please advise whether this is covered under the provision that penalties arising from a breach of contractual obligations are generally not liable to GST.
regards,
magesh
The amount has been withheld because the required non-compliance documents have not been submitted by the sub contractor. The same was communicated to the contractor, and only thereafter was the amount debited included GST. for the year 2025-2026,
Please advise whether this is covered under the provision that penalties arising from a breach of contractual obligations are generally not liable to GST.
regards,
magesh
06 September 2026
Amounts withheld or penalized due to a breach of contractual obligations (such as non-submission of compliance documents by a sub-contractor) generally do not attract GST, as they function as contractual remedies or price adjustments rather than consideration for a taxable service of "tolerating an act," provided no active agreement to tolerate the breach exists.
You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now
Click here to login now
Similar Resolved Queries
Unanswered Queries
- Gst credit note by supplier
- Movement of goods by packers and movers - type of sale - Reg.
- GST on reimbursement of expenses
- Due date for filing return for the partner in partnership subjected to Tax Audit
- Missed uploading GST Invoice
- Query on effect of registration of property
- Gratuity paid to legal heir above 20 lakh is taxable or not
- Wrong CMPo8 file
- Equity Share Sale and Purchase
- Goodwill transfer of deceased father’s firm – ICAI applying a 27.04.2026 cut-off to the 3 year limit
- Opting out" of regime provided under subsection (1A) of Section 115BAC but Form 10IEA is not filed.
- "Please ensure that the Total of the Deductions u/s 54F match the same in Table D in Sch CG"
- Need to correct "Whether it is last installment " response in Form 26 QB
- " Income from House Property " in joint names of co-owners
- REGARDING TDS RETURN OF FORM 27Q
- Notice under e-Verification Scheme
- GST demand notice for ITC reversal against exempted supply.
- RCM ON SECURITY CHARGES FROM INDIVIDUALS
- How to get money back from delisted company
Trending Online Classes
-
DT & Audit (Exam Oriented Fastrack Batch) - For May 26 Exams and onwards Full English
CA Bhanwar Borana & CA Shubham Keswani
Subscribe to Pro
Join an elite circle of professionals
CAclubindia
