
Abhishek Raja "Ram"
12 months ago
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š¦š²šæšš¶š°š² š§š®š ā šš¼šŗšÆš®š šš¶š“šµ šš¼ššæš: šš¼š¶š»š š©š²š»šššæš² šš¼š²š š”š¼š š¦ššÆš·š²š°š š§šµš² ššŗš¼šš»š š§š¼ š¦š²šæšš¶š°š² š§š®š š¢ š§šµš² šš¶š“šµ šš¼ššæš šµš²š¹š±: Joint venture lacked service provider-recipient relationship, so no service tax; impugned order set aside for not considering reply.
š šš®š°šš: š£š²šš¶šš¶š¼š»š²šæ: M/s Vainguinim Valley Resort (BAPL) ššššš²: Whether service tax is payable on the amount received from a joint venture for providing infrastructure and ancillary facilities to run a casino. šš°šš¶šš¶šš: BAPL entered a joint venture with GGCPL for casino infrastructure, with a show-cause notice alleging non-payment of service tax.
āļø ššš±š“š²šŗš²š»š: The Court quashed the impugned order, finding no reference to the petitioner's reply, which stated the joint venture was cancelled in 2013. It ruled there was no service provider-recipient relationship, thus no service tax. The case was remanded for fresh decision, considering the reply and granting a personal hearing.
š šš®šš² šš»š³š¼šæšŗš®šš¶š¼š»: š§š¶šš¹š²: M/s. Vainguinim Valley Resort vs. Union of India š¢šæš±š²šæ šš®šš²: 13 December 2022 š Joint ventures without a service contract are not liable for service tax; replies to show-cause notices must be considered.
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