This is premium content. Please become a Premium member. If you are already a member, login here to access the full content.
No Service Tax on amount recovered as charges for breach of contractual terms
Case Law Details
- Case Name
- Krishnapatnam Port Company Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Hyderabad)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All CESTAT, CESTAT Hyderabad
Upgrade to Basic or Premium to download.
Already Upgraded? Log in.
Krishnapatnam Port Company Limited Vs Commissioner of Central Excise & Service Tax (CESTAT Hyderabad)
Issue of leviability of Service tax on penalty, liquidated damages, compensation, forfeiture amounts, cancellation charges etc. stands settled by various pronouncements wherein it has consistently been held that the said amounts recovered as charges for breach or non-compliance of contractual terms and conditions cannot be construed as ‘consideration’ for ‘refraining or tolerating an act’ and were thus not leviable on Service Tax in terms of Section 66E(e) of the Finance Act, 1994....
I am retired CGST Officer I have been regular reading the articles, Views of C.A’s and Case Laws etc. which are very knowledgeable and useful for coating while submission of any reply to Show Cause Notice.