https://www.taxtmi.com/caselaws?id=387934 Amounts received on cancellation or settlement of pre-existing development agreements were treated as compensation for breach or termination, not as consideration for agreeing to refrain from an act or tolerate an act, and were therefore outside declared service under Section 66E(e). Compensation for non-supply of manganese ore was likewise characterised as liquidated damages for non-performance of a purchase contract, not as taxable service consideration. On the limitation issue, disclosure in the books and the presence of an interpretative dispute meant there was no suppression, wilful misstatement, or fraud, so the extended period and penalty were not sustainable. The demand of service tax and consequential penalty were set aside. en-us Fri, 25 Oct 2019 00:00:00 +0530 Thu, 19 Nov 2020 13:43:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=387934 Amounts received on cancellation or settlement of pre-existing development agreements were treated as compensation for breach or termination, not as consideration for agreeing to refrain from an act or tolerate an act, and were therefore outside declared service under Section 66E(e). Compensation for non-supply of manganese ore was likewise characterised as liquidated damages for non-performance of a purchase contract, not as taxable service consideration. On the limitation issue, disclosure in the books and the presence of an interpretative dispute meant there was no suppression, wilful misstatement, or fraud, so the extended period and penalty were not sustainable. The demand of service tax and consequential penalty were set aside. Case-Laws Service Tax Fri, 25 Oct 2019 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=387934