Document Fragment View

Matching Fragments

(e) Copy of the Joint Venture Agreement among constituents subsequent to award of contract by the government. Sample copy of MEIL, IVRCL-HCC was submitted and the appellant informed that in all the existing cases the terms of agreements are more or less similar.

8. After considering the submissions made by the assessees as well as the relevant documentary evidence placed on record before her, the learned CIT(A) observed that the Government agency as per the relevant agreements were clearly dealing with only one entity termed as 'contractor', which was joint venture. She noted that in the agreement running into more than 500 pages, no reference was made either to joint venture or its constituents, and the reference all through was by the expression 'contractor' as a single entity and as such, in the eyes of these government agencies, the constituents were non-existing and they had no locus standi. She held that although declarations under Rule 37BA(2) were given by the joint ventures as deductees to the deductor for giving credit of TDS to the constituents, the Joint Venture, as per the agreements with the government agencies, was under obligation to M/s. KCEL-MEIL(JV), Hyderabad and thirteen others inform to the government agencies about any work to be done by the sub-contractors at the time of putting the bids, which was not done.

1. M/s. KCEL-MEIL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

2. M/s. MEIL-MAYTAS-ABB-AAG(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad Hyderabad

3. M/s. MEIL-KCCL-FLOWMORE (JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

4. M/s. MEIL-MAYTAS-KBL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

5. M/s. MEIL-SEW-MAYTAS-BHEL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

6. M/s. MEIL-SEW-ABB-AAG (JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

7. M/s. MEIL-RATNA-KBL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

8. M/s. HCC-MEIL-CBE (JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

9. M/s. MEIL-KBL-WEG-(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

10. M/s. MEIL-MAYTAS-WPIL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

11. M/s.HCC- MEIL-NCC-WPIL(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad M/s. KCEL-MEIL(JV), Hyderabad and thirteen others

12. M/s. MEIL-GAYATRI-ZVS-ITT (JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

13. M/s. MEIL-ZVS-PVSRSN-ITT(JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

14. M/s. MEIL-IVRCL-HCC-WPIL (JV), S-2 Technocrat Industrial Estates, Balanagar, Hyderabad

15. Income-tax Officer, Ward-14(3), Hyderabad

16. Commissioner of Income-tax(Appeals) II, Hyderabad

17. Commissioner of Income-tax I, Hyderabad

18. DR, ITAT, Hyderabad