No Service Tax on Liquidated Damages: Penalties Not Consideration for Service u/s 66E(e.

Levy of Service Tax on amount of penalty (liquidated damages) collected from their contractor - to refrain from an act or to tolerate an act or a situation or to do an act - for such alleged act or tolerance, no remuneration is prescribed in the contract. - The amount of liquidated damages levied by the appellant from their contractor is in the nature of penalty, and not by way of any consideration for any service as defined under Section 66E(e). - No service tax liability - AT .....

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