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2017 (12) TMI 958 - AT - Service TaxRenting of immovable property - Joint Venture (JV) agreement - sharing of revenue - Revenue entertained a view that the amount of consideration received by the appellant from warehousing corporation is liable to be taxed as the premises of the appellant were rented out to the warehousing corporation to be used for business or commerce - Held that: - Considering the overall scope of the terms of the agreement, we find that the same is more in the nature of the Joint Venture Agreement than a simple rent agreement for usage of immovable property - reliance placed in the case of Mormugao Port Trust Versus Commissioner of Customs, Central Excise & Service Tax, Goa- (Vice-Versa) [2016 (11) TMI 520 - CESTAT MUMBAI], where similar issue was dealt and it was held that The money flow to the Assessee from SWPL, under the nomenclature of Royalty, is not a consideration for rendition of any services but infact represents the Appellant’s share of revenue arising out of the Joint Venture being carried on by the Assessee and SWPL - demand set aside - appeal allowed - decided in favor of appellant.
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