Geo Consultants v. DIT

323 ITR 277Reported decision2010#5605 most cited
21

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 115ASection 143(3)Section 144C(13)Section 209(1)(d)Section 234BSection 234DSection 44BBB(1)Section 9(1)(vii)

Issues it is cited on

section 44bbbsection 209(1)multilateral instrumentdependent agent peconstruction pesection 44bbagency pesection 44bmake available clausefixed place peinterest u/s 234ctreaty benefits

Judgments citing Geo Consultants v. DIT

UK GRID SOLUTIONS LIMITED,STAFFORD, UNITED KINGDOM vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE INT TAX 3(1)(1)DEL, DELHI

In the result, appeal of the assessee is allowed in terms aforesaid

ITA 2042/DEL/2025[2022-23]Status: DisposedITAT Delhi10 Nov 2025AY 2022-23

Bench: Shri Vikas Awasthy & Shri Brajesh Kumar Singh[Assessment Year: 2022-23] Uk Grid Solutions Limited, The Deputy Commissioner Of Income St Leonards Building, Harry Tax, Circle International Taxation Kerr Dive, Stafford St16 1Wt, Vs -3(1)(1), Civic Centre, Minto Road United Kingdom-99999 New Delhi-110002 Pan-Aaica6271A Assessee/Appellant Revenue/Respondent

Section 143(3)Section 44BSection 9(1)(vii)

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH, ‘D’: NEW DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER AND SHRI BRAJESH KUMAR SINGH, ACCOUNTANT MEMBER [Assessment Year: 2022-23] UK Grid Solutions Limited, The Deputy Commissioner of Income ST Leonards Building, Harry Tax, Circle International Taxation Kerr Dive, Stafford ST16 1WT, Vs -3(1)(1), Civic Centre, Minto Road United Kingdom-99999 New Delhi-110002 PAN-AAICA6271A Assessee/Appellant Revenue/Respondent Assessee by Shri Aditya Vohra, Adv. Shri Arpit Goyal, CA Revenue by Shri M.S. Nethrapal, CIT-DR Date of Hearing 13.08.2025 Date of Pronouncement 10.11.2…

SIEMENS AKTIENGESELLSCHAFT,MUMBAI vs. DDIT (IT) 2(1), MUMBAI

In the result, appeal of the assessee is allowed and appeal of the Revenue is dismissed

ITA 2153/MUM/2014[2009-10]Status: DisposedITAT Mumbai07 Jun 2024AY 2009-10

Bench: SHRI B R BASKARAN (Accountant Member), SHRI AMIT SHUKLA (Judicial Member)

Section 144CSection 144C(5)Section 153Section 9(1)(vi)

…ed by the Delhi High Court. Further, he submitted that it is an admitted fact that the facts of the present case are more or less similar to that of Linde AG. The ld. AO has strongly relied upon the decision of AAR in the case of Hyundai Rotem Co. reported in 323 ITR 277. Before us assessee submitted similarities between assessee’s case and the case of CIT vs. Linde AG, Linde Engineering Division vs. DDIT in the following manner:- No. Points for Points considered by Delhi Factual Position in the consideration High Court in case of Linde contract under AG consideration (DMRC- BS03 Contract) 1 Facts of the ONGC Pe…

UK GRID SOLUTIONS LIMITED,UNITED KINGDOM vs. DCIT CIRCLE INTERNATIONAL TAX 3(1)(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 885/DEL/2023[2017-18]Status: DisposedITAT Delhi13 Mar 2024AY 2017-18

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons." 22. Hon'ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

UK GRID SOLUTIONS LIMITED,UNITED KINGDOM vs. DCIT CIRCLE INTERNATIONAL TAX 3(1)(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 884/DEL/2023[2016-17]Status: DisposedITAT Delhi13 Mar 2024AY 2016-17

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons." 22. Hon'ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

UK GRID SOLUTIONS LIMITED ,UNITED KINGDOM vs. DCIT CIRCLE INTL. TAXATION 3(1)(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2240/DEL/2023[2020-21]Status: DisposedITAT Delhi13 Mar 2024AY 2020-21

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons." 22. Hon'ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

UK GRID SOLUTIONS LIMITED ,UNITED KINGDOM vs. DCIT CIRCLE INTL. TAXATION 3(1)(1), NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2239/DEL/2023[2015-16]Status: DisposedITAT Delhi13 Mar 2024AY 2015-16

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Vizay B. Vasanta, CIT DR
Section 143(3)Section 144C(13)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons." 22. Hon'ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

GE HYDRO FRANCE,NEW DELHI vs. DCIT, CIRCLE-1(3)(1), INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2086/DEL/2022[2019-20]Status: DisposedITAT Delhi13 Mar 2024AY 2019-20

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Aditya Vohra, Adv
Section 143(3)Section 144C(13)Section 40Section 44B

…s, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons. ” 22. Hon‟ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

GE HYDRO FRANCE,NEW DELHI vs. DCIT, CIRCLE-1(3)(1), INTERNATIONAL TAXATION, NEW DELHI

In the result, the appeal of the assessee in ITA No

ITA 2085/DEL/2022[2018-19]Status: DisposedITAT Delhi13 Mar 2024AY 2018-19

Bench: Shri C. N. Prasad & Shri M. Balaganesh

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Shri Aditya Vohra, Adv
Section 143(3)Section 144C(13)Section 40Section 44B

…s, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons. ” 22. Hon‟ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

UK GRID SOLUTION LTD,UNITED KINGDOM vs. DCIT, CIRCLE-3(1)(1), INTERNATIONAL TAXATION, NEW DELHI

The appeal is allowed

ITA 2088/DEL/2022[2019-20]Status: DisposedITAT Delhi17 Apr 2023AY 2019-20

Bench: Sh. N.K.Billaiya & Sh.Anubhav Sharmaita No. 2088/Del/2022, A.Y. 2019-20 Uk Grid Solution Limited Vs. Deputy Commissioner Of St. Loeonards Building, Harry Income Tax Kerr Drive, Circle- 3(1)(1), Stafford, St16 1Wt, International Taxation United Kingdom New Delhi Pan : Aaica6271A

Section 143(3)Section 90(2)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons.” 22. Hon’ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

UK GRID SOLUTION LTD,UNITED KINGDOM vs. DCIT, CIRCLE-3(1)(1), INTERNATIONAL TAXATION, NEW DELHI

The appeal is allowed

ITA 2087/DEL/2022[2018-2019]Status: DisposedITAT Delhi12 Apr 2023AY 2018-2019

Bench: Sh. N.K.Billaiya & Sh.Anubhav Sharmaita No. 2087/Del/2022, A.Y. 2018-19 Uk Grid Solution Limited Vs. Deputy Commissioner Of St. Loeonards Building, Harry Income Tax Kerr Drive, Circle- 3(1)(1), Stafford, St16 1Wt, International Taxation United Kingdom New Delhi Pan : Aaica6271A

Section 143(3)Section 9Section 90(2)

…es, for co-ordinating their independent tasks would not result in an inference that the agencies had constituted an Association of Persons.” 22. Hon’ble Delhi High Court in the Linde AG Case (supra) has also referred to case of Hyundai Rotem Co., in re [2010] 323 ITR 277/190 taxman 314 (AAR) which was also referred by the assesse before Ld. Tax Authorities below and where the facts were that Hyosung Corporation submitted a bid for execution of the works relating to 800 KV/400KV Tehri Pooling Station which was floated by Power Grid Corporation of India Limited (Power Grid). The applicant was successful and its bid…

INCOME TAX OFFICER 21(1)(4), MUMBAI vs. M/S.GAMMON OJSC MOSMETROSTROY JOINT VENTURE, MUMBAI

ITA 5524/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Feb 2023AY 2012-13
For Appellant: Shri Farooq IraniFor Respondent: Ms. Richa Gulati
Section 143(3)Section 145Section 2(31)

…t ignoring that the assessee. 6. On the facts and circumstances of the case and in law, the Ld. CIT(A) has erred in not considering the recent and elaborate judgment of the Hon,ble Authority for advance ruling in the case of Geoconsultant ZT GMBH, in Re(2008) 304 ITR 283 wherein the Joint Venture was held to be AOP, following the decision of the Hon,ble Supreme Court decision in the case of Ch. Atchaiah. 7. On the facts and in circumstances of the case and in law, the Ld. CIT(A) has erred in holding that the expenses of Rs. 58,15,281/-is.allowable expenses. 8. "The appellant prays that the order of Ld. CIT (A) on…

INCOME TAX OFFICER, WARD-8(1), HYDERABAD vs. MVVS ALIENS (JV), HYDERABAD

Appeal is allowed for statistical purposes in foregoing terms

ITA 1162/HYD/2017[2012-13]Status: DisposedITAT Hyderabad17 Aug 2021AY 2012-13

Bench: Shri S.S.Godara & Shri Laxmi Prasad Sahu

For Appellant: Shri S.Rama Rao, ARFor Respondent: Shri P.Chandra Sekhar, CIT-DR
Section 143(3)Section 194CSection 40

…as a subcontract agreement. Assessee in this regard relied on the following decisions: "a. Madhucon Sino Hydro (JV) in ITA No, 646 & 701/ Hyd/2010; b. Tansstory (India) Ltd. Vs. ITO in 134 ITD 269, ITAT Hyd; c. Hyundai Rotemco., Korea / Mitsubishi Co., Japan 323 ITR 277; d. Soma Enterprises Ltd., in ITAT No. 1117 & 1117/H/2010 (ITAT, Hyd)" 4.1 Without prejudice to the above argument it is also argued by the assessee that in view of special bench decision in case of Merlyn Shipping and Transport provisions of section 40(a)(ia) are applicable only to the amounts payable. Alternately it is also argued that in view…

INCOME-TAX OFFICER, WARD - 3(1),, PUNE vs. SHRADDHA & PRASAD JOINT VENTURE,, PUNE

In the result, appeal of the Revenue is dismissed

ITA 2665/PUN/2017[2014-15]Status: DisposedITAT Pune17 May 2021AY 2014-15

Bench: Shri R.S.Syal, Vp & Shri Partha Sarathi Chaudhury, Jm आयकर अपील सं. / Ita No. 2665/Pun/2017 धनधाारण वषा / Assessment Year : 2014-15 The Income Tax Officer Ward-3(1), Pune. .......अपीलाथी / Appellant बनाम / V/S.

For Appellant: Shri Kishore PhadkeFor Respondent: Shri Deepak Garg
Section 194CSection 40

…re irrespective of such profit was offered to tax in the hands of members. Reliance is placed on decision of Hon'ble Supreme Court in the case of Ch. Atchaiah (1996) 218 ITR 239 (SC) and on the ruling of Hon'ble AAR in the case of Geoconsult ZT GmbH in [2008] 304 ITR 283 (AAR). 5. The appellant prays to be allowed to add, amend, modify, rectify, delete or raise any grounds of appeal during the course of appellate proceedings.” 2. The brief facts as emanating from the assessment order are that the assessee is a joint venture represented by M/s. Shraddha Energy & Infraprojects Pvt. Ltd. and M/s. Prasad & Co. Pvt.…

INCOME-TAX OFFICER, WARD - 3(1),, PUNE vs. M/S. SHRADDHA & PRASAD JOINT VENTURE ( KHURA VARODA PROJECT),, PUNE

In the result, the appeal of Revenue is dismissed

ITA 1928/PUN/2017[2013-14]Status: DisposedITAT Pune12 Sept 2019AY 2013-14

Bench: Ms. Sushma Chowla, Jm & Shri Anil Chaturvedi, Am

For Appellant: Shri Kishore PhadkeFor Respondent: Ms. Nandita Kanchan
Section 143(3)Section 194CSection 40

…re irrespective of such profit was offered to tax in the hands of members. Reliance is placed on decision of Hon'ble Supreme Court in the case of Ch. Atchaiah (1996) 218 ITR 239 (SC) and on the ruling of Hon'ble AAR in the case of Geoconsult ZT GmbH in [2008] 304 ITR 283 (AAR).” 3. All the grounds being inter-connected are considered together. 4. During the course of assessment proceedings, AO noticed that assessee is a Joint Venture (JV) represented by M/s. Shraddha – Energy and Infraprojects Pvt. Ltd., and M/s. Prasad & Co., Pvt. Ltd., as members sharing profit and losses in the ratio of 80% - 20%. AO notic…

INCOME TAX OFFICER,, KOLHAPUR vs. M/S. RDS CONSTRUCTION (JV),, PUNE

In the result, appeal of the Revenue is dismissed

ITA 623/PUN/2017[2012-13]Status: DisposedITAT Pune27 Jun 2019AY 2012-13

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.623/Pun/2017 िनधा"रण वष" / Assessment Year : 2012-13 Ito, Ward- 2(2), .......अपीलाथ" / Appellant Kolhapur. बनाम / V/S. M/S. Rds Construction (Jv), 363/11, Balaji Niwas, Deep Bunglow Chowk, Shivaji Nagar, Pune-411005. ……""यथ" / Respondent Pan : Aaaar8625B Revenue By : Shri N. Ashok Babu Assessee By : Shri Nikhil Pathak सुनवाई क" तारीख / Date Of Hearing : 06.06.2019 घोषणा क" तारीख / Date Of Pronouncement : 27.06.2019 आदेश / Order Per D. Karunakara Rao, Am: This Appeal Is Filed By The Revenue Against The Order Of The Cit(A)- 2, Pune Dated 09.12.2016 For The Assessment Year 2012-13. 2. The Grounds Raised By The Revenue Are As Under :- “1. Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Was Justified In Holding That No Income Attributable On Contract Receipts Could Be Taxed In The Status Of The Aop. 2. Whether On The Facts & In The Circumstances Of The Case & In Law, The Cit(A) Justified In Ignoring That The Assessee, Being A Separate Entity U/S 2(31) Of The It Act, 1961 & Having A Pan Should Have Prepared Its Own Profit & Loss Account As Well As The Balance Sheet Reflecting The Full Transactions Undertaken By It & Not Just Showing Apportionment Of Receipts/ Payments & Assets/Liabilities Between Its Members.

For Appellant: Shri Nikhil PathakFor Respondent: Shri N. Ashok Babu
Section 194CSection 2(31)Section 40

…mbers or not. 5. Whether on the facts and in the circumstances of the case and in law, the Ld. CIT(A) justified in not considering the recent and elaborate judgment of the Hon’ble Authority for Advance Rulins in the case of Geoconsultant ZT GMBH, in Re (2008) 304 ITR 283 wherein the joint venture was held to be AOP, following the decision of the Hon’ble Supreme Court decision in the case of Ch. Achaiah (1996) 218 ITR 239. 6. The appellant prays that the order of the CIT(A) be vacated and that of the AO’s order may be restored. 7. The appellant crave leave to add, alter, amend or modify the above grounds raised, a…

ITO 12(1)(2), MUMBAI vs. L & T HCC JOINT VENTURE, MUMBAI

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 8451/MUM/2011[2007-08]Status: DisposedITAT Mumbai06 Jun 2018AY 2007-08

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.8451/Mum/2011 (निर्धारण वर्ा / Assessment Year: 2008-09) Ito 12(1)(2) बिधम/ M/S. L&T Hcc Joint R.No. 116, 1St Floor, Venture L&T House, N.M. Vs. Aayakar Bhavan, M.K. Marg, Ballard Estate, Road, Mumbai-400020. Mumbai-400001. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaaal0661M (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri R. P. Meena (Dr) Assessee By: Shri Vijay Mehta (Ar) सुनवाई की तारीख / Date Of Hearing: 08.03.2018 घोषणा की तारीख /Date Of Pronouncement: 06.06.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 15.09.2011 Passed By The Commissioner Of Income Tax (Appeals) -23, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2008- 09. 2. The Revenue Has Raised The Following Grounds: - “1 On The Facts & In The Circumstances Of The Case & In Law, The Id. Cit(A) Erred In Holding That The Income Of The Assessee Is Liable To Be Assessed As A Separate Independent Entity & Can Not Be Assessed As An Aop. 1A While Doing So The Id Cit(A) Failed To Appreciate The Fact That The Assessee Being The Joint Venture It Can Be Treated As An Aop In A.Y.2008-09

For Appellant: Shri Vijay Mehta (AR)For Respondent: Shri R. P. Meena (DR)
Section 142(1)Section 143(1)Section 143(2)Section 194CSection 2Section 2(31)Section 2(31)(v)Section 40

…ontract. The Joint Venture was having specific constitution with regard to execution of work of independent entity. At the time of argument, the Ld. Representative of the assessee has also placed reliance upon the law settled in Hyundai Rotem Co., reported in 323 ITR 277 and the decision of the Hon’ble ITAT in the case of ITO Vs. UAN Raju Constructions in ITA. No. 344/M/Vizag/2009 & ITA. No. 77/Viz/2010 dated 13.05.2010. 8 A.Y.2008-09 Since the factual position of the present case is quite similar to the case decided by the Hon’ble ITAT Visakhapatnam Bench in ITA. No.344/Vizag/2009 & 77/Viz/2010, therefore, we d…

ADIT, NEW DELHI vs. M/S. PERSYS PUNJ LLOYD JV, NEW DELHI

In the result appeal of the revenue in ITA no 1270 to 1274/Del/2012 for AY 2004-05 to 2008-09 are dismissed

ITA 1274/DEL/2012[2008-09]Status: DisposedITAT Delhi26 Apr 2016AY 2008-09

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. Piyush Chawla, CAFor Respondent: Sh.Shravan Gotru, Sr. DR

…. On Appeal before CIT (A) he decided this issue in favour of the appellant holding that facts of the present case is similar to the facts of following cases namely:- a. Van OORD ACZ BV 248 ITR 399 (AAR b. Geo Consultants V DIT 304 ITR 283 c. Hyundai Rotem Co 323 ITR 277 (AAR) Based on the above three decision Ld. CIT (A) held that there was no intention between the parties to create a partnership hence the sharing of profit of the partnership firm as risk and reward of the business of partnership is missing in this agreement. Each party of the Joint venture agreement are responsible for carrying out the work in…

ADIT, NEW DELHI vs. M/S. PERSYS PUNJ LLOYD JV, NEW DELHI

In the result appeal of the revenue in ITA no 1270 to 1274/Del/2012 for AY 2004-05 to 2008-09 are dismissed

ITA 1273/DEL/2012[2007-08]Status: DisposedITAT Delhi26 Apr 2016AY 2007-08

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. Piyush Chawla, CAFor Respondent: Sh.Shravan Gotru, Sr. DR

…. On Appeal before CIT (A) he decided this issue in favour of the appellant holding that facts of the present case is similar to the facts of following cases namely:- a. Van OORD ACZ BV 248 ITR 399 (AAR b. Geo Consultants V DIT 304 ITR 283 c. Hyundai Rotem Co 323 ITR 277 (AAR) Based on the above three decision Ld. CIT (A) held that there was no intention between the parties to create a partnership hence the sharing of profit of the partnership firm as risk and reward of the business of partnership is missing in this agreement. Each party of the Joint venture agreement are responsible for carrying out the work in…

ADIT, NEW DELHI vs. M/S. PERSYS PUNJ LLOYD JV, NEW DELHI

In the result appeal of the revenue in ITA no 1270 to 1274/Del/2012 for AY 2004-05 to 2008-09 are dismissed

ITA 1272/DEL/2012[2006-07]Status: DisposedITAT Delhi26 Apr 2016AY 2006-07

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. Piyush Chawla, CAFor Respondent: Sh.Shravan Gotru, Sr. DR

…. On Appeal before CIT (A) he decided this issue in favour of the appellant holding that facts of the present case is similar to the facts of following cases namely:- a. Van OORD ACZ BV 248 ITR 399 (AAR b. Geo Consultants V DIT 304 ITR 283 c. Hyundai Rotem Co 323 ITR 277 (AAR) Based on the above three decision Ld. CIT (A) held that there was no intention between the parties to create a partnership hence the sharing of profit of the partnership firm as risk and reward of the business of partnership is missing in this agreement. Each party of the Joint venture agreement are responsible for carrying out the work in…

ADIT, NEW DELHI vs. M/S. PERSYS PUNJ LLOYD JV, NEW DELHI

In the result appeal of the revenue in ITA no 1270 to 1274/Del/2012 for AY 2004-05 to 2008-09 are dismissed

ITA 1271/DEL/2012[2005-06]Status: DisposedITAT Delhi26 Apr 2016AY 2005-06

Bench: Shri H. S. Sidhu & Shri Prashant Maharishi

For Appellant: Sh. Piyush Chawla, CAFor Respondent: Sh.Shravan Gotru, Sr. DR

…. On Appeal before CIT (A) he decided this issue in favour of the appellant holding that facts of the present case is similar to the facts of following cases namely:- a. Van OORD ACZ BV 248 ITR 399 (AAR b. Geo Consultants V DIT 304 ITR 283 c. Hyundai Rotem Co 323 ITR 277 (AAR) Based on the above three decision Ld. CIT (A) held that there was no intention between the parties to create a partnership hence the sharing of profit of the partnership firm as risk and reward of the business of partnership is missing in this agreement. Each party of the Joint venture agreement are responsible for carrying out the work in…

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Geo Consultants v. DIT (323 ITR 277) — Cited in 21 Judgments | BharatTax