GST on Liquidated Damages levied on Foreign Company

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What will be the place of Supply for Liquidated Damages levied on Foreign Company? Whether IGST will be applicable or CGST+SGST?
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LD levied by Indian party on foreign company - can take a position that it is export of services. Can be done without IGST under LUT. 

LD levied by foreign company on Indian party - may become RCM (though this issue is debatable). IGST can be paid and availed as ITC if it relates to business and other conditions are fulfilled. 

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