9911796707
TMI Blog2017 (12) TMI 958X X X X Extracts X X X X X X X X Extracts X X X X ..... e Tax, Goa- (Vice-Versa) [2016 (11) TMI 520 - CESTAT MUMBAI], where similar issue was dealt and it was held that The money flow to the Assessee from SWPL, under the nomenclature of Royalty, is not a consideration for rendition of any services but infact represents the Appellant’s share of revenue arising out of the Joint Venture being carried on by the Assessee and SWPL - demand set aside - appeal allowed - decided in favor of appellant. - Service Tax Appeals Nos.59927/2013 And ST/52838/2014 (DB) - ST/A/57998-57999/2017-CU[DB] - Dated:- 7-11-2017 - Shri S.K. Mohanty, Member (Judicial) And Shri B. Ravichandran, Member (Technical) Rep. by Shri Rajesh Rawal, Advocate Sh. B.L. Narsimhan, Advocate for the appellant. Rep. by Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant and the State Warehousing Corporation is a creation of Joint Venture, as mentioned in the agreement itself. Such Joint Venture pre-supposes sharing of incomes and responsibilities and there can be no service provider and service recipient relationship between the parties of the Joint Venture. (b) Referring to specific clauses of the agreement with reference to sharing of income called storage fee received from the depositors of goods and various responsibilities fixed on the appellants in terms of such agreement, submission is made to contest the finding that there is a renting of immovable property in the said arrangement. (c) The TDS done by Warehousing Corporation on the consideration paid to the appellant under Income ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... agreement, we are of the considered view that it is not the rent agreement. Both parties intended to be joint partnership agreement though certain clauses mentioned therein are clearly in contradiction. However, consideration to be accrued to both the parties specifically to be identified out of common total income, Warehousing Corporation undertakes certain activities over and above the storage fee (which is shareable). Considering the overall scope of the terms of the agreement, we find that the same is more in the nature of the Joint Venture Agreement than a simple rent agreement for usage of immovable property. In this connection, we also refer to the decision of the Hon ble Supreme Court in the case of Gujarat State Fertilizers and C ..... X X X X Extracts X X X X X X X X Extracts X X X X
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