Restriction of Input Tax Credit under Rule 86A applies only to fraudulently or ineligible availed credit; mere wrongful recipient availment is insuffi...
Business reorganisation requires recognition of successor's modified return; draft orders against dissolved transferor quashed and fresh review direct...
Pre-commencement R&D deduction denied where business had not commenced; deeming benefit requires tangible start of manufacture or commercial exploitat...
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Levy of service tax on cash calls in joint ventures for oil and gas exploration is addressed by characterising inter-participant cash calls as expense-sharing contributions/investments rather than consideration for taxable service. The analysis treats Public-Private Partnership arrangements as joint ventures operating on a revenue-sharing model, distinguishes the appointed operators expenditure role from non-operators contributions, and treats exploration and development costs as contingent investments (sunk if no discovery). Consequently, cash calls representing a participants share of exploration costs are not service tax-able as consideration for service, with reference to relevant contractual allocation and existing circular guidance.
Levy of service tax on cash calls in joint ventures for oil and gas exploration is addressed by characterising inter-participant cash calls as expense-sharing contributions/investments rather than consideration for taxable service. The analysis treats Public-Private Partnership arrangements as joint ventures operating on a revenue-sharing model, distinguishes the appointed operators expenditure role from non-operators contributions, and treats exploration and development costs as contingent investments (sunk if no discovery). Consequently, cash calls representing a participants share of exploration costs are not service tax-able as consideration for service, with reference to relevant contractual allocation and existing circular guidance.
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