Geo Consultants v. DIT

323 ITR 277Reported decision2010#5596 most cited

What is Geo Consultants v. DIT authority for?

A joint venture agreement does not necessarily create a partnership if parties bear their own expenses and receive consideration for their specific work, indicating no intention to share risks and rewards.

21

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2016 to 2025.

Also referred to as

Geo Consultants v DIT · 323 ITR 277 · joint venture · partnership · AOP · risk and reward · profit sharing · specific work · expenses · consideration

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

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 1270/DEL/2012[2004-05]Status: DisposedITAT Delhi26 Apr 2016AY 2004-05

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…