GST Not Payable On Out-Of-Court Settlement: AAR
Live LawThe Telangana Authority of Advance Ruling has ruled that GST is not payable on the out-of-court settlement.The bench of S.V. Kasi Visweswara Rao and Sahil Inamdar has observed that there is no GST on the interest of 13% per annum awarded by the Tribunal for Arbitration Award as the principal supply itself is not taxable.The applicant is taking up Thermal Projects in various cities in. Kasi Visweswara Rao and Sahil Inamdar has observed that there is no GST on the interest of 13% per annum awarded by the Tribunal for Arbitration Award as the principal supply itself is not taxable. The applicant sought an advance ruling on the issue of whether the liquidated damages, without any supply of materials or labour, should be assessed for GST under the GST Act, 2017. Section 15 of the CGST/TGST Act, 2017 states that the value of supply shall include ‘interest, late fee, or penalty for delayed payment of any consideration for any supply.’ No supply has happened during the GST regime; as per Section 142, no GST shall be payable.