2024 (9) TMI 1832

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....t : Shri Vasudev A. and Shri Deepro Sen, both Advocates For the Respondent : Shri S. Mukhopadhyay and Shri K. Chaudhuri, Authorized Representatives ORDER: [PER SHRI ASHOK JINDAL] The appellant is in appeal against the impugned order wherein demand of Service Tax has been confirmed on liquidated damages recovered and forfeiture of earnest money deposit/security deposit by the appellant ....

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....ocess of sale of products, the bidders have to deposit earnest money deposit / security deposit. If the work allotted is not completed within the prescribed timeframe, the said contracts provide for imposition of liquidated damages and in case of tenders, forfeiture of the earnest money deposit /security deposit. 3. The Revenue is of the view that the appellant is required to pay Service Tax on....

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....ubaneswar [2024 (6) TMI 763 - CESTAT, Kolkata] and therefore, the issue is no more res integra. In the said case, the Tribunal has observed as under: - "2. The facts of the case are that the appellant received certain amount as Liquidated Damages, Security Deposit (SD), Earnest Money Deposit (EMD), Retention Money withheld from the contractors on account of breach of terms and conditions ....