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2020 (1) TMI 661 - AAR - GSTClassification of supply - whether supply of goods or supply of services - receipt of compensation - the project of setting of SEZ was terminated due to protest by the People - obligation to refrain from an Act, or to tolerate an Act or a situation - HELD THAT:- The applicant is a Government of Goa Undertaking and had entered into an agreement leasing land to parties for setting up Special Economic Zone (SEZ). However, this could not materialize due to protest from the people. As a result, deposit taken from the parties had to be refunded. However, GIDC refused to pay compensation on this deposit. As the original Deed of Lease never mentioned such clause. The parties approached the Supreme Court, who intervened and directed GIDC to compensate them @ 8.25% - In the process the applicant has agreed to do an act of vacating the claim by parties of setting up SEZ units for which GSIDC has paid consideration. Thus the original amount which is paid back along with compensation would clearly qualify as ‘Supply of Services’.
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