Is GST applicable on Liquidated Damage

Is GST applicable on Liquidated Damage or not?
Replies (2)
Quick Summary
Liquidated damages are generally considered a supply of services and are therefore subject to GST. According to Schedule II of the CGST Act, 2017, these damages fall under the category of services. While there isn't a specific Service Accounting Code (SAC) for them, they can be classified under Heading '9997', with GST payable at a rate of 18%. Amendments to the CGST Act in 2018 have also impacted the definition of supply.

As per Schedule II of CGST Act, 2017, there are some activities which are to be
treated as supply of goods or supply of services. Liquidated damages are covered under the
Clause S(e) of said Schedule II and are to be treated as Services. There is no specific
Service Accounting Code (SAC) for liquidated damages. It may be covered under Heading
"9997" [please refer Central Tax (Rate) Notification no.11/2017 dated 28.06.2017] on which
GST is payable @ 18%.

As per the amend. In CGST act,2018 section 7 clause d has been deleted in the definition of supply.

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