Capital Gain Deductibility: proportionate IPO and PMS expenses held allowable against capital gains where netting and nexus to transfer are establishe...
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Revenue-sharing arrangements with hospitals and Jamia Hamdard were treated as a joint venture with defined reciprocal obligations, so the appellant was not found to be rendering an independent taxable service to the other contracting party. Applying its earlier hospital-based decisions, the CESTAT held that the income from patients was shared under a common commercial arrangement and did not attract service tax on a principal-to-principal service basis. The service tax demand, interest and penalty were set aside, with consequential relief granted.
Revenue-sharing arrangements with hospitals and Jamia Hamdard were treated as a joint venture with defined reciprocal obligations, so the appellant was not found to be rendering an independent taxable service to the other contracting party. Applying its earlier hospital-based decisions, the CESTAT held that the income from patients was shared under a common commercial arrangement and did not attract service tax on a principal-to-principal service basis. The service tax demand, interest and penalty were set aside, with consequential relief granted.
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