CA Bimal Jain

Payment of one-time premium was not chargeable to tax under Service Tax under Renting of Immovable property

Goods and Services Tax - CESTAT Ahmedabad in the case of Gujarat Power Corporation Ltd. v C.C.E. & ST held that payment of one-time premium under renting of immovable property services is not chargeable to Service Tax....

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Genpact- Not an Intermediary, thus, eligible for Refund

Goods and Services Tax - HC ruled that Genpact India cannot be treated as an intermediary, and is therefore eligible for Goods and Services Tax (GST) refund....

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Application’s common-portal filing date is “relevant” when construing limitation

Goods and Services Tax - HC ruled that date of filing of application by assessee on common portal would be treated as date of filing of claim for refund to satisfaction of requirement of Section 54 of CGST Act and Rule 89 of CGST Rules. ...

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‘Sufficient Balance’ not required in Electronic Credit Ledger in order to block ITC due to ineligibility under Rule 86A

Goods and Services Tax - ‘Sufficient Balance’ not required in Electronic Credit Ledger in order to block ITC due to ineligibility under Rule 86A The Hon’ble Calcutta High Court in the case of Basanta Kumar Shaw v. Assistant Commissioner of Revenue, Commercial Taxes and State Tax, [MAT 976 OF 2022 WITH CAN 1 OF 2022] held that in terms of […]...

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Can Non-Restoration of GST Registration be brought within ambit of “Right to Livelihood” under Article 21

Goods and Services Tax - HC asked appropriate officer to give a chance to Petitioner to take all necessary steps to revive registration and to be allowed to pay overdue GST taxes and file pending GST returns before GST registration was cancelled under Section 29(2)(c) of CGST Act...

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GST 45th Council meeting on September 17, 2021 – Agenda

Goods and Services Tax - The 45th meeting of Goods and Services Tax Council (“GST Council”) is scheduled to be held on September 17, 2021. The Ministry of Finance tweet dated September 01, 2021 stated that the GST Council meeting will be chaired by the Hon’ble Union Finance Minister Nirmala Sitharaman and will take place in Lucknow, Uttar Pradesh. The [&hel...

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Karnataka HC orders for appearance through Video Conferencing for summon issued

Goods and Services Tax - The Karnataka High Court in M/s Pellagic Food Ingredients Private Ltd. v. Union of India [Writ Petition No. 14737/2021[T-CUS] issued an Interim Order dated August 12, 2021] wherein it ordered the Pellagic Food Ingredients Private Ltd. (Petitioner) for the appearance through video conference in response to summons issued under Section 108 ...

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GST News- Talk of Two GST Experts

Goods and Services Tax - AIMTPA – All India MSME and Tax Professionals Association has invited two GST Experts on it’s Platform on 24th July 2021 and a webinar was organized to discuss the Ground realities and problems of Goods and Service tax. The Experts were CA (Adv.) Bimal Jain and CA Sudhir Halakhandi. The experts discussed various issues related [&helli...

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E-Book on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019

Goods and Services Tax - Free Updated E-Book on Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 as on October 09, 2019 by Mr. Bimal Jain In the Union Budget 2019-20, the Hon’ble Finance Minister announced the Sabka Vishwas (Legacy Dispute Resolution) Scheme, 2019 (SVLDRS, 2019 or the Scheme) to close the pending legacy disputes of Service Tax and Excise....

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

Goods and Services Tax - 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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Bombay HC orders restoration of GST registration cancelled u/s 29(1) of CGST Act

Euro Pratik Sales Corporation Vs Union of India (Bombay High Court) - HC allowed Petitioner to submit a physical application for restoration of GST registration where application of cancellation was filed by petitioner...

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No Service Tax on Security Deposit From Customers for Share Trading

Marwadi Shares & Finance Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad) - CESTAT held that the Service Tax is not liable to be paid on the amount collected from the customer as interest free security deposit against trading of shares which is subsequently refunded without utilization....

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In case of change of AO, newly appointed AO shall continue proceeding from stage where they were left by earlier AO

DCIT Vs Mastech Technologies Pvt. Ltd. (Supreme Court of India) - SC held that in case of transfer of Assessing Officer, the new AO can only continue proceeding from the stage at which earlier AO had left....

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GST authorities cannot issue SCN under Section 73 for verification of transitional credit

Usha Martin Limited Vs Additional Commissioner, Central GST and Excise (Jharkhand High Court) - Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law...

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Writ petition during Notice stage would frustrate tax administration

Sri Muna Pani Vs State of Odisha (Orissa High Court) - HC held that entertaining Writ Petition at the stage of notice would interrupt adjudication process and frustrate tax administration. Assessee has ample opportunity to agitate issues before assessing officer....

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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 - (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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CA Bimal Jain’s Popular Posts

Recent Posts in "CA Bimal Jain"

Bombay HC orders restoration of GST registration cancelled u/s 29(1) of CGST Act

Euro Pratik Sales Corporation Vs Union of India (Bombay High Court)

HC allowed Petitioner to submit a physical application for restoration of GST registration where application of cancellation was filed by petitioner...

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No Service Tax on Security Deposit From Customers for Share Trading

Marwadi Shares & Finance Ltd Vs C.C.E. & S.T. (CESTAT Ahmedabad)

CESTAT held that the Service Tax is not liable to be paid on the amount collected from the customer as interest free security deposit against trading of shares which is subsequently refunded without utilization....

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In case of change of AO, newly appointed AO shall continue proceeding from stage where they were left by earlier AO

DCIT Vs Mastech Technologies Pvt. Ltd. (Supreme Court of India)

SC held that in case of transfer of Assessing Officer, the new AO can only continue proceeding from the stage at which earlier AO had left....

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GST authorities cannot issue SCN under Section 73 for verification of transitional credit

Usha Martin Limited Vs Additional Commissioner, Central GST and Excise (Jharkhand High Court)

Jharkhand HC held that for verification of transitional credit, GST authorities cannot issue SCN under Section 73 of CGST Act, 2017 questioning eligibility to credit under erstwhile law...

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Payment of one-time premium was not chargeable to tax under Service Tax under Renting of Immovable property

CESTAT Ahmedabad in the case of Gujarat Power Corporation Ltd. v C.C.E. & ST held that payment of one-time premium under renting of immovable property services is not chargeable to Service Tax....

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Writ petition during Notice stage would frustrate tax administration

Sri Muna Pani Vs State of Odisha (Orissa High Court)

HC held that entertaining Writ Petition at the stage of notice would interrupt adjudication process and frustrate tax administration. Assessee has ample opportunity to agitate issues before assessing officer....

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No Power Lies at the Behest of CBEC to Modify Scope of Exemption Notification issued by Central Government

Lakshya Education Solutions Pvt. Ltd Vs Commissioner (CESTAT Delhi)

CESTAT ruled that CBEC does not have the power to modify the scope of an exemption notification that the Central Government has issued....

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Madras HC directs Department to Process ITC Claim Rejected Solely on the Basis of Inadvertent Error

Abi Egg Traders Vs Assistant Commissioner (Madras High Court)

HC ruled in favor of assessee by directing department to process Input Tax Credit claim that were previously rejected solely on the ground of inadvertent error....

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Differential Tax Amount Post-GST Not Reimbursed to Contractors

Bhanjadeo Constructions Vs State of Odisha & Others (Orissa High Court)

HC granted major relief to contractors by staying the coercive steps against the contractors and ordered the State GST department to abide by its circular, Finance Department vide Office memorandum No. FIN-CTI-TAX-0045-2017/38535/F dated December 10, 2018 to address the problems with works contracts brought on by the change from VAT to GS...

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Medical Insurance premium for employees, pensioners & their family members are taxable under GST

In re Hyderabad Metropolitan Water Supply And Sewerage Board (GST AAAR Telangana)

AAAR upheld the ruling passed by AAR of not providing the benefit of exemption under entry no. 3 of the Notification 12/2017-Central Tax (Rate) dated June 28, 2017 wherein the payment was made for medical insurance premium for employees, pensioners, and their family members....

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