Whether the transactions entered into by two or more persons is a joint venture will depend upon the facts of each case to be interpreted in the light of the decisions of the Supreme Court referred to above
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Joint venture classification determines tax assessment; combined enterprises producing income may be assessed as firms under tax law. Whether transactions by two or more persons constitute a joint venture depends on case facts and Supreme Court precedent; prior circulars are withdrawn. If persons combined in a joint enterprise to produce income, the combination is a joint venture whose tax treatment follows its legal character: a joint venture not meeting firm requisites is to be assessed as a firm, and a joint venture that is a firm will be assessed under the applicable income tax provisions. Assessing officers must be notified.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Joint venture classification determines tax assessment; combined enterprises producing income may be assessed as firms under tax law.
Whether transactions by two or more persons constitute a joint venture depends on case facts and Supreme Court precedent; prior circulars are withdrawn. If persons combined in a joint enterprise to produce income, the combination is a joint venture whose tax treatment follows its legal character: a joint venture not meeting firm requisites is to be assessed as a firm, and a joint venture that is a firm will be assessed under the applicable income tax provisions. Assessing officers must be notified.
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