Damages under arbitral award are not taxable supply where settlement is merely consequential to award satisfaction

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Full Text of the Document

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....Payment of damages under an arbitral award did not amount to a taxable supply under the CGST Act because the settlement before the Delhi High Court was not an independent commercial arrangement to refrain from an act or tolerate a situation. The withdrawal or suspension of enforcement proceedings in the UK and US followed only from full satisfaction of the award and did not create separate consideration or a distinct service. In the absence of an independent contract and consideration, Section 7 and Entry 5(e) of Schedule II were inapplicable, and the IGST charge could not be sustained. The intimation and show cause notice were quashed for lack of jurisdiction, and the writ petition was entertained despite the alternate remedy rule.....