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    <title>2023 (7) TMI 1534 - CESTAT, MUMBAI</title>
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    <description>In a production sharing contract treated as a joint venture, royalty paid for petroleum operations was held not to be consideration for a taxable service, because it formed part of the contractual cost and revenue-sharing arrangement rather than payment for service to the Government. The tribunal also found that the appellant&#039;s activities were co-venturer contributions made in furtherance of a common commercial enterprise, with shared risk, reward, and joint control, not services rendered to an identifiable recipient. As no contractor-recipient relationship existed, the service tax levy could not apply. The refund rejection was therefore unsustainable and relief followed according to law.</description>
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      <link>https://www.taxtmi.com/caselaws?id=460036</link>
      <description>In a production sharing contract treated as a joint venture, royalty paid for petroleum operations was held not to be consideration for a taxable service, because it formed part of the contractual cost and revenue-sharing arrangement rather than payment for service to the Government. The tribunal also found that the appellant&#039;s activities were co-venturer contributions made in furtherance of a common commercial enterprise, with shared risk, reward, and joint control, not services rendered to an identifiable recipient. As no contractor-recipient relationship existed, the service tax levy could not apply. The refund rejection was therefore unsustainable and relief followed according to law.</description>
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