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HomeGSTBombay High Court Quashes Orders Directing GST Payment on Arbitral Award Interest...

Bombay High Court Quashes Orders Directing GST Payment on Arbitral Award Interest and Costs

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In a significant relief for a judgment debtor facing multiple execution proceedings, the Bombay High Court at Goa has set aside orders passed by the Civil Judge, Senior Division, Vasco da Gama, which had directed payment of Goods and Services Tax (GST) on part-payment of interest awarded in arbitral proceedings.

The case stemmed from five execution applications filed by decree holders seeking enforcement of arbitral awards. The petitioner, common to all matters, was the judgment debtor. In each proceeding, decree holders had moved applications (Exh.20) seeking directions for the judgment debtor to pay GST at 18% on part-payment of interest under the awards. The executing court allowed the plea and ordered GST payment, prompting the debtor to approach the High Court.

During the pendency of the writ petitions, the decree holders themselves sought clarity by approaching the Gujarat Authority for Advance Ruling (AAR) on GST. The High Court, through its interim order dated February 26, 2025, directed the executing court to keep further execution of the disputed GST component in abeyance until the AAR’s decision.

On June 26, 2025, the Gujarat AAR categorically ruled that no GST is payable on “interest awarded under arbitration” or on “costs awarded under arbitration.” Relying on this ruling, the High Court observed that the basis for the execution orders had collapsed. Accordingly, the court quashed and set aside the impugned order dated August 2, 2020, along with all consequential directions.

The court has clarified that arbitral interest and costs awarded in such proceedings cannot be subjected to GST, offering clarity on a matter that has significant implications for arbitration-related recoveries and taxation.

Case Details

Case Title: Goa Shipyard Limited Versus Shoft Shipyard Pvt. Limited

Case No.: Writ Petition No.770 Of 2024

Date: 6th August, 2025

Counsel For  Petitioner: S.D. Padiyar, Senior Advocate

Counsel For Respondent: Nikhil Pai

Read More: Communicating An Order By Email Would Be Sufficient Service U/S 169 of GST Act: Delhi HC

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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