Taxability - Liquidated damages/ penalties recovered - since, ...

Liquidated damages from contract delays are not taxable as they aren't payment for services. Not regular consideration.

May 1, 2023

Case Laws Service Tax AT

Taxability - Liquidated damages/ penalties recovered - since, collection of such amount is towards delayed completion of work, which is not a regular phenomenon and arises out of non-performance of the contract in the manner prescribed, on rare occasions, it cannot be said that there are sufficient nexus between the parties on a regular basis for payment of such charges in order to abstain in proper performance of the assigned task within the scheduled time frame - such amount should not be equated with ‘consideration’, for the purpose of rendering any taxable service. - AT

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Taxability - Liquidated damages/ penalties recovered - since, ...

Liquidated damages from contract delays are not taxable as they aren't payment for services. Not regular consideration.

May 1, 2023

Case Laws Service Tax AT

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