Liquidated Damages from Contract Breach Not Subject to Service Tax; No Intentional Breach or Service Performed.

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....Levy of Service Tax - Collection of penalties or liquidated damages - The recovery of liquidated damages/penalty from the other party cannot be said to be towards any service per se, since neither the appellant is carrying on any activity to receive compensation nor can there be any intention of the other party to breach or violate the contract and suffer a loss - Demand set aside - AT....