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TMI BlogService Tax –- Joint Venture – reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... (Service Tax), Director General (Audit), Director General (Central Excise Intelligence), Commissioners of Service Tax (All), Commissioners of Central Excise and Service Tax (All). Madam/Sir, Subject: Service Tax -- Joint Venture - reg. Certain doubts have been raised regarding the levy of service tax on taxable services provided (i) by the members of the Joint Venture (JV) to the JV and vice ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cordance with the above explanation, JV and the members of the JV are treated as distinct persons and therefore, taxable services provided for consideration, by the JV to its members or vice versa and between the members of the JV are taxable. 3. In the context of a JV project, cash calls are capital contributions made by the members of JV to the JV. If cash calls are merely a transaction in mone ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... from the JV. For instance, JV which receives the cash call from its members may in return agree to do something of direct benefit either to the member or on the behest of a member to a third party, such as granting of right, reserving production capacity or providing an option on future supplies. 4.1.1 Taxable services received by a JV from its members or third party: Payments made out of cash c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ject within a time frame, a comprehensive examination of the various JV agreements (at times, there could be number of inter se agreements between members of the JV) holds the key to understanding of the taxation of transactions involving taxable services between the JV and its members or inter-se between the members of a JV. Therefore officers in the field formations are advised to carefully exam ..... X X X X Extracts X X X X X X X X Extracts X X X X
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