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Service Tax - Highlights / Catch Notes

Home Highlights October 2020 Year 2020 This

Activity under the Joint Venture Agreement (JDA) - the activity ...


Joint Venture Agreement Cash Call is Capital Contribution, Not Service Payment, Says Adjudicating Authority.

October 15, 2020

Case Laws     Service Tax     AT

Activity under the Joint Venture Agreement (JDA) - the activity undertaken by the appellant with its cost equivalence recorded in the books is nothing but capital contribution. The adjudicating authority has erred in concluding that the mechanism of ‘cash call’ prescribed in the ‘joint operations agreement’ is consideration for services; it is intended as the vehicle for contribution by the participating interests to the capital requirements of the venture. As such capital contributions are obligated for the establishment and operation of a business venture, it is not ‘consideration’ for rendering of any taxable service. - AT

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