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    <title>2026 (5) TMI 1091 - CESTAT HYDERABAD</title>
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    <description>Amounts recovered as liquidated damages for a supplier&#039;s delay were held not to constitute consideration for an act of tolerance under section 66E(e) of the Finance Act, 1994. The demand was based on the premise that the recovery was a declared service, but the Tribunal applied coordinate Bench decisions and found that such damages arise only from contractual non-performance, not from any taxable service. On that basis, the impugned service tax demand was not legally sustainable and the recovery was not exigible to service tax.</description>
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      <description>Amounts recovered as liquidated damages for a supplier&#039;s delay were held not to constitute consideration for an act of tolerance under section 66E(e) of the Finance Act, 1994. The demand was based on the premise that the recovery was a declared service, but the Tribunal applied coordinate Bench decisions and found that such damages arise only from contractual non-performance, not from any taxable service. On that basis, the impugned service tax demand was not legally sustainable and the recovery was not exigible to service tax.</description>
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