CA Bimal Jain

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019– Central Excise & Service Tax

Excise Duty - A dispute resolution cum amnesty scheme called the Sabka Vishwas Legacy Dispute Resolution Scheme is being introduced for resolution and settlement of legacy cases of Central Excise and Service Tax. The proposed Scheme covers past disputes of taxes which have got subsumed in GST namely Central Excise, Service Tax and Cesses. All persons a...

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Detailed analysis of changes in rates of Central Excise & Custom: Budget 2019

Excise Duty - Detailed analysis of changes in rates of Central Excise & Custom – Union Budget 2019. In Union Budget 2019-20, the Finance Minister has introduced the Finance (No.2) Bill, 2019 in Lok Sabha on July 05, 2019. The following are the gist of the notifications which makes amendment in Customs and Central Excise with effect from July 0...

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Proposed Amendment in CGST Act, 2017 and IGST Act, 2017

Excise Duty - Amendments carried out through the Finance (No. 2) Bill, 2019 come into effect on the date of its enactment, unless otherwise specified. Amendments carried out in the Finance Bill, 2019 will come into effect from the date when the same will be notified, concurrently with the corresponding amendments to the Acts passed earlier by the [&hel...

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Proposed Amendment in Customs Act, 1962 & Service Tax

Excise Duty - Proposed Amendment in the Customs Act, 1962 and Service Tax – Union Budget 2019 The legislative changes would come into effect only upon the enactment of the Finance (No. 2) Bill, 2019. Proposed Amendment in the Customs Act, 1962 Current provisions Proposed provisions Effect Section – 41 (Delivery of departure manifest or export m...

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Highlights of Union Budget 2019 & Changes in Taxation

Excise Duty - Ms. Nirmala Sitharaman today presented the full budget of 1st Year of 2nd term of Modi Government amid subdued economic growth and challenging fiscal situation. Taking into consideration, the need of time, with a vision to become $5 trillion economy by 2025, various sectors including social sectors were generously rewarded in this Budge...

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GST Reader (GST Made Easy)- Book by CA Bimal Jain

Excise Duty - This latest Book on GST comprises of two volumes to cover the subject in its entirety. Volume I covers extensive discussion on the provisions of GST Law and Rules made thereunder. Volume II consists of GST Bare Acts, Rules and all latest notifications and Circulars at one place for easy reference. ...

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Guide to Revised Model GST Law with Draft Rules

Excise Duty - We are pleased to announce release of our Handbook on Goods and Services Tax, titled, GUIDE TO REVISED MODEL GST LAW (With Draft Rules on Registration, Payment, Invoice, Returns and Refund) [3rd Edition]...

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PHD Chamber’s Workshop on Audit, Investigation, Imprisonment & Customs – Drawback & Refund: Way Forward in GST

Excise Duty - We are happy to inform that the Last Workshop in the above series is being organised on the following Themes: Audit, Investigation, Imprisonment and Power to Arrest provisions by multiple wings of Service Tax and Excise Department Customs – Drawback, Refund, and Imposition of various Customs duties and Implication of Import/ Export of G...

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Book Release 1st Edition of "GST – Introduction and Way forward"

Excise Duty - Key features of the Book: ♠ Present indirect taxes—shortcomings, double taxation, cascading. ♠ GST – Need and Necessity, what it is, how it works, etc. ♠ Journey of GST, Proposed model of GST in India and best international practices. ♠ Taxes to be subsumed and not to be subsumed in GST...

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Workshop Series on Indirect Taxes : Works Contract under the Service Tax & VAT

Excise Duty -   We are happy to inform that the Sixth Workshop under the series is being organised on the theme ‘Works Contract under the Service Tax & VAT  and other issues of Double Taxation and Transition Issues with Way forward in GST’ on Friday, 18 September, 2015 from 10:00 am till 04:30 pm at PHD House, […]...

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Cash refund of unutilized credit impermissible on closure of business

M/s. Gauri Plasticulture P. Ltd. vs. Commissioner of Central Excise (Bombay High Court) - The Larger Bench (LB) of Bombay HC rules in favour of Revenue, holds that cash refund u/s 11B of the Central Excise Act, 1944 is not permissible when CENVAT Credit on inputs remains unutilized on account of closure of manufacturing unit or inability to utilize input credit....

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Reimbursements on electricity expenses from occupants chargeable to Service tax

Srijan Realty (P) Ltd. Vs. Commissioner of Service Tax (Kolkata High Court) - Recently, the issue of levibility of Service Tax on reimbursements on electricity expenses received from the occupants of a complex came before a Single Member Bench of the Hon’ble Calcutta High Court, wherein the Hon’ble High Court has upheld the levy of Service Tax on such transactions....

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Taxability of FOC Supplies made by recipient of service to service provider

Commissioner Of Service Tax Del Vs. M/s. Bhayana Builders (P) Ltd. Etc. (Supreme Court of India) - On issue of Service Tax applicability on free of cost (FOC) supplies by the service recipient of construction service to the service provider (assessee), we are sharing with you a landmark judgement of the Hon’ble Supreme Court, decided in favour of the assessee, in the case of Commissioner of Ser...

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No Service Tax on reimbursements prior to May 14, 2015: SC

Union of India & ANR. Vs M/s Intercontinental Consultants and Technocrats Ltd. (Supreme Court of India) - The issue of taxability of out-of-pocket expenses has always been a matter of litigation. Before April, 2006 there was no specific provision to this effect. However, from April 19, 2006 onwards, with the introduction of the Service Tax (Determination of Value) Rules, 2006, Service tax is applicable ...

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No Cenvat credit admissible on outward transportation services from factory to buyer’s premises

Commissioner of Central Excise & Service Tax Vs. Ultra Tech Cement Limited (Supreme Court) - Whether Goods Transport Agency (GTA) services availed for transportation of goods from place of removal to buyer’s premises will be considered as input service within ambit of Rule 2(l) of Cenvat Credit Rules, 2004?...

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Notification No. 32/2015-Central Excise Dated- 4th June, 2015

Notification No. 32/2015-Central Excise - (04/06/2015) - Notification No. 32/2015-Central Excise Dated- 4th June, 2015 Ethanol produced from molasses generated from cane crushed in the sugar season 2015-16 i.e. 1st October, 2015 onwards, for supply to the public sector oil marketing companies, namely, Indian Oil Corporation Ltd., Hindustan Petroleum C...

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Clarification on rate of service tax on restaurant service

Circular No. 184/3/2015-Service Tax - (03/06/2015) - Circular No. 184/3/2015-ST Dated the 3rd June, 2015 It is further clarified that exemption from service tax still continues to services provided in relation to serving of food or beverages by a restaurant, eating joint or a mess, other than those having the facility of air-conditioning or central ai...

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Custom Duty exemption on goods for relief of flood affected people of J&K

Notification No. 33/2014-Customs - (11/12/2014) - the floods in the State of Jammu and Kashmir (the State) from whole of the duty as specified under the First Schedule and whole of the additional duty as specified under Section 3 of the Tariff Act....

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Excise duty exemption on goods for relief of flood affected people of J&K

Notification No. 25/2014-Central Excise - (11/12/2014) - Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of people affected by the floods in the State of Jammu and Kashmir...

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Customs – Regarding adjudication of appraising related cases

Circular No. 14/2014-Customs Duty - (11/12/2014) - New posts have been created in the rank of Commissioners of Customs in DRI and DGCEI for adjudication of cases as investigated by DRI and DGCEI....

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Recent Posts in "CA Bimal Jain"

Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019– Central Excise & Service Tax

A dispute resolution cum amnesty scheme called the Sabka Vishwas Legacy Dispute Resolution Scheme is being introduced for resolution and settlement of legacy cases of Central Excise and Service Tax. The proposed Scheme covers past disputes of taxes which have got subsumed in GST namely Central Excise, Service Tax and Cesses. All persons a...

Read More

Detailed analysis of changes in rates of Central Excise & Custom: Budget 2019

Detailed analysis of changes in rates of Central Excise & Custom – Union Budget 2019. In Union Budget 2019-20, the Finance Minister has introduced the Finance (No.2) Bill, 2019 in Lok Sabha on July 05, 2019. The following are the gist of the notifications which makes amendment in Customs and Central Excise with effect from July 0...

Read More

Proposed Amendment in CGST Act, 2017 and IGST Act, 2017

Amendments carried out through the Finance (No. 2) Bill, 2019 come into effect on the date of its enactment, unless otherwise specified. Amendments carried out in the Finance Bill, 2019 will come into effect from the date when the same will be notified, concurrently with the corresponding amendments to the Acts passed earlier by the [&hel...

Read More

Proposed Amendment in Customs Act, 1962 & Service Tax

Proposed Amendment in the Customs Act, 1962 and Service Tax – Union Budget 2019 The legislative changes would come into effect only upon the enactment of the Finance (No. 2) Bill, 2019. Proposed Amendment in the Customs Act, 1962 Current provisions Proposed provisions Effect Section – 41 (Delivery of departure manifest or export m...

Read More

Highlights of Union Budget 2019 & Changes in Taxation

Ms. Nirmala Sitharaman today presented the full budget of 1st Year of 2nd term of Modi Government amid subdued economic growth and challenging fiscal situation. Taking into consideration, the need of time, with a vision to become $5 trillion economy by 2025, various sectors including social sectors were generously rewarded in this Budge...

Read More

Govt clarifications on Annual GST Return & Reconciliation Statement

In cases where some information has not been furnished in Form GSTR-1 or in Form GSTR-3B, taxpayers may pay the tax with interest through Form GST DRC-03 at any time. In fact, the Annual Return provides an additional opportunity for such taxpayers to declare the summary of supply against which payment of tax is made....

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Detailed Analysis of CGST (Fourth Amendment) Rules, 2019

CBIC vide Notification No. 31/2019-Central Tax dated June 28, 2019, has made various amendments in CGST Rules, 2017 vide Central Goods and Services Tax (Fourth Amendment) Rules, 2019. The Central Board of Excise and Customs vide Notification No. 31/2019-Central Tax dated June 28, 2019, has made various amendments in Central Goods and Se...

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No separate registration is required where imported goods are cleared under invoice from head office  

It was held that as the Applicant need not take any separate registration in Odisha and can facilitate the transaction through Mumbai Head Office GSTIN, it appears to be correct to mention the GSTIN of Mumbai in the E-Way Bill and Dispatch place as Customs warehouse situated at Paradip, Odisha....

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Cash refund of unutilized credit impermissible on closure of business

M/s. Gauri Plasticulture P. Ltd. vs. Commissioner of Central Excise (Bombay High Court)

The Larger Bench (LB) of Bombay HC rules in favour of Revenue, holds that cash refund u/s 11B of the Central Excise Act, 1944 is not permissible when CENVAT Credit on inputs remains unutilized on account of closure of manufacturing unit or inability to utilize input credit....

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Orissa HC allows ITC of GST on goods & services used for construction of hotels though falling under Negative list

Writ petition filed before Orissa High Court challenging denial of ITC to real estate companies, hotels, malls in cases where construction is undertaken by the Company itself...

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