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2022 (10) TMI 142 - AT - Service TaxLevy of Service Tax - liquidated damages - Section 66E(e) of the Finance Act, 1994 - HELD THAT:- This Bench of the Tribunal in the case of M/S NEYVELI LIGNITE CORPORATION LIMITED VERSUS COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX, CHENNAI WITH M/S NLC INDIA LIMITED VERSUS COMMISSIONER OF GST AND CENTRAL EXCISE, TRICHY [2021 (7) TMI 1090 - CESTAT CHENNAI] has held that it is not possible to sustain the view taken by the Commissioner that since BHEL did not complete the task within the time schedule, the appellant agreed to tolerate the same for a consideration in the form of liquidated damages, which would be subjected to service tax under Section 66E(e) of the Finance Act. There are no reasons to sustain the order of demand and consequently, the impugned order is set aside - appeal allowed - decided in favor of appellant.
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