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TMI BlogGST on Liquidated DamagesX X X X Extracts X X X X X X X X Extracts X X X X ..... GST on Liquidated Damages X X X X Extracts X X X X X X X X Extracts X X X X ..... 10% LD is applicable, as accounting practice, invoice is raised for full value and GST on such full value is paid. Customer will release the payment after deducting 10% LD. Such deducted amount will be treated as expenses in the books of supplier. Scenario after Advance ruling: It seems that the supplier has to raise the invoice for full value with GST and the customer has to release the payme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt for full and separately raise a invoice on the supplier for 10% LD with GST. Not sure whether input credit is eligible for such services. If the LD is deducted by Government Customer, will it fall under reverse charge mechanism?. Please share your valuable views..... Saravanan. Reply By Nitika Aggarwal: The Reply: In regards to aforesaid advance ruling, we would first like to contend that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... advance rulings are not binding to the person in general except to the person who has appeal for it. Further, in my humble submissions, GST shall not be exigible on the amount deducted in the form of liquidated damages, as it form the part of contract itself. Furthermore, in your case, if Government customer has deducted the amount of liquidated damages then tax liability on such amount shall be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... discharged by the receiver of services under reverse charge mechanism provided the recipient of services must be a business entity located in taxable territory. In order to substantiate our view, we would like to draw your kind attention towards entry no 5 of Notification No. -13/2017-Central Tax Rate dated 28.06.2017 and the same reads as under:- 5 Services supplied by the Central Government, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State Government, Union territory or local authority to a business entity excluding, - (1) renting of immovable property, and (2) services specified below- (i) services by the Department of Posts by way of speed post, express parcel post, life insurance, and agency services provided to a person other than Central Government, State Government or Union territory or local authority; (ii) services ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in relation to an aircraft or a vessel, inside or outside the precincts of a port or an airport; (iii) transport of goods or passengers. Central Government, State Government, Union territory or local authority Any business entity located in the taxable territory. Regards Nitika Aggarwal 9953157961 Reply By SARAVANAN RENGACHARY: The Reply: Dear Nitika Aggarwal, Thanks, we value your respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nse. If we pay tax on reverse charge basis on the LD amount deducted by government, hope, the same tax can be availed as in put credit. Actually it is not a cost. Saravanan. Reply By CSSANJAY MALHOTRA: The Reply: Please refer to Notification No 9/2017-IGST rate dated 28.06.17 which provides IGST exemption. 65 Heading 9991 or Heading 9997 Services provided by the Central Government, State G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... overnment, Union territory or local authority by way of tolerating non-performance of a contract for which consideration in the form of fines or liquidated damages is payable to the Central Government, State Government, Union territory or local authority under such contract.
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Nil
Reply By YAGAY and SUN:
The Reply:
We are in agreement with Mr. Sanjay Malhotra. X X X X Extracts X X X X X X X X Extracts X X X X ..... e Sharing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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