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Payment of liquidated damages qualifies as a "supply"

Shanti Prime Publication Pvt. Ltd.

Levy of GST — CGST Act, 2017 - The Applicant is engaged in surface mining of lignite as fuel for power generation by electric utilities. Applicant entered into an Association Agreement for mine development and operations with SPL in order to provide technical know-how to SPL in relation to mine development and operations. The Association Agreement defined the roles/responsibilities of both the parties, scope of work, fees structure, periodicity, manner of payment. The Applicant sought Advance Ruling “Whether liquidated damages that may be awarded to the Applicant by "ICC" qualifies as a "supply" under the "GST" law, thereby attracting the levy of GST and If the answer is in the affirmative, what should be the value of supply on which GST is payable. The Authority answered the said question in Affirmative and further held, the value of supply will be the actual amount of damages received by the applicant from SPL after the award by ICC.North American Coal Corporation India Private Limited [2018] 2 TAXLOK.COM 313 (AAR-Maharashtra)

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