Service tax on liquidated damages u/s 66e of service tax


This query is : Resolved 

25 March 2014 Is Liquidated Damages as per contract is taxable servie u/s66E (e) of serrvice tax ? Even though there is no service provided and no consideration provided.

25 March 2014 Please clarify the following points.

1) Whether the liquidated damages claimed is for the service or for the goods?

26 March 2014 Sir,

Manufacturing company had took order for manufacture and there is clause of Liqiudated Damage(LD) if required goods not delivered with in time mentioned in PO than LD will be applicable and buyer will deduct the same form payment of such PO. My Qust is is this LD Deduction is liable to Service Tax u/s66 E.. ? And if Yes whether Cenvat Credit is availabe of said Service Tax. !!!

26 March 2014 As this is Obligation to tolerate an act or a situation
It is taxable and eligible for input tax

26 March 2014 Sir,

Dose it not consider as conpensation for delay and there is no consideration .. still its chargable to ST ??

26 March 2014 Obligation to tolerate an act or a situation : means to accept the occurrence or existence of an act or a particular thing, which is imposed by condition or circumstances, in a contract, agreement or any other document which is legally enforceable by law

Hence compensation is considered as consideration and taxable



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