If Control & Management rests with individual, then tax must be levied on individual capacity

ADIT Vs Persys Punj Lloyd JV (ITAT Delhi) The issue under consideration is whether the appellant was to be assessed in the capacity of an Association of Person (AOP) or the members of the AOP were assessable to tax separately in their individual capacity? ITAT have examined the Joint venture agreement. On reading of some clauses of the agreement its is apparent that each of the members is responsible for its own part of the contract execution , will take away gross receipt and incurred expenditure for the execution of project relating to his part and earn profit or loss accordingly. The contro...