Case of Maharashtra State Electricity Transmission Co Ltd (MSETCL), AAR Maharashtra Ruling Dated 28th April 2025.AAR ruled that following is not supply under GST.
- Liquidated Damages (LD)/Penalty recovered from contractors/suppliers for breach of contract.
- Liquidated Damages (LD)/Penalty recovered from contractors/suppliers on Deposit Works/ Outright Contribution Works (ORC).
- Forfeiture of Security Deposit or Earnest Money Deposit in care of refusal to accept the work order despite of being Lowest one (L1) or failure of performance by the supplier or contractor.
– Old and unclaimed Creditors balance written back to income A/c after Three (03) Years from the date of completion of the contract.
– Write back of Old and unclaimed Earnest Money Deposit (EMD) / Security Deposit (SD) to income A/c after Three (03) Years from the date of the completion of the guarantee period as per contract.
– Penalty or charges applied for violation of conditions of contract.