CA Bimal Jain

Gift vouchers are neither goods nor services, but instruments used as consideration for payment – Controversy Saga Continues

Goods and Services Tax - The AAAR, Tamil Nadu in the matter of Kalyan Jewellers India Ltd. [Order-in-Appeal No. AAAR/11/2021 (AR), dated March 30, 2021] modified the order passed by the AAR, Tamil Nadu to the extent that vouchers are neither good nor service and the Central Goods and Services Tax Act, 2017 (CGST Act), recognized it as an instrument […]...

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No GST to be paid during Search & Seizure unless accepted as GST liability

Goods and Services Tax - The Hon’ble Madras High Court in Shri Nandhi Dhall Mills India Pvt. Ltd. v. Senior Intelligence Officer, DGGST & Ors. [W.P. No. 5192 of 2020 and WMP. No. 6135 of 2020] directed the Revenue Department to refund the amount of INR 2 crore collected from the assessee during the investigation. Held that, merely because the […]...

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ITC not available on promotional items distributed FOC to their distributors/franchisees

Goods and Services Tax - The Hon’ble AAR, Karnataka in Re: M/s Page Industries Limited [Advance Ruling No. KAR ADRG 54/2020 dated December 15, 2020] held that assessee is in essence not eligible to claim input tax credit (ITC) on promotional products/materials and marketing items used in promotion of their brand and marketing their products which is distributed...

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Benefit of conditional exemption Notification cannot be denied on pretext of unconditionally exempted

Goods and Services Tax - The Hon’ble Tripura High Court in Union of India v. M/S. Dharampal Satyapal Ltd. [Central Excise Appeal No.01/2019 and Central Excise Appeal No.02/2019, dated March 22, 2021] upheld the judgment passed by the CESTAT, Kolkata allowing the assesse to avail the benefit of notification granting conditional exemption from the of the duties o...

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A literal formalistic interpretation of statute is to be avoided in interpreting beneficial exemptions

Goods and Services Tax - The Hon’ble Supreme Court of India in Government of Kerala & Anr. v. Mother Superior Adoration Convent [Civil Appeal No. 202 of 2012 and others, decided on March 1, 2021] upheld the judgments passed by the Hon’ble Kerala High Court allowing the exemption of tax on buildings used as residential quarters for nuns, priests or [&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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Guide to Revised Model GST Law with Draft Rules

Goods and Services Tax - 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

Goods and Services Tax - 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"

Goods and Services Tax - 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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No GST to be paid during Search & Seizure unless accepted as GST liability

Shri Nandhi Dhall Mills India Private Limited Vs Senior Intelligence Officer,(Madras High Court) - The Hon’ble Madras High Court in Shri Nandhi Dhall Mills India Pvt. Ltd. v. Senior Intelligence Officer, DGGST & Ors. [W.P. No. 5192 of 2020 and WMP. No. 6135 of 2020] directed the Revenue Department to refund the amount of INR 2 crore collected from the assessee during the investigation. Held...

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Automatic vacation of stay order after expiry of 365 days is not permissible

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India) - The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section 254(2A) of the Income Tax Act, 1961 (IT Act) which did not permit ex...

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Bail Granted to accused arrested for availing ineligible ITC of Rs. 9 Crore

Sunil Kumar Jha Vs Union of India & Ors. (Bombay High Court) - The Hon’ble Bombay High Court in Sunil Kumar Jha and Akshay Chhabra v. Union of India & Ors. [Writ Petition (ST) No. 5484 of 2021 & Writ Petition (ST) No. 5486 of 2021, decided on March 11, 2021] granted bail to the accused arrested under Section 69 of the Central Goods and Services Tax Ac...

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Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under CGST Act

Ranchi Carrying Corporation Vs State of U.P. And 2 Others (Allahabad High Court) - Service of notice on truck driver or fixation of copy of order on truck is none of the methods prescribed under GST Law and it is well settled that whenever a manner is prescribed, it should be done in that manner alone....

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GST implementation being a “change in law” qualify as a force majeure event

National Highways Authority of India Vs Sahakar Global Limited (Delhi High Court) - The Hon’ble Delhi High Court in National Highways Authority of India v. Sahakar Global Ltd. [O.M.P. (COMM) No. 486 of 2020 decided on September 29, 2020], dismissed the petition and refused to interfere with the arbitral award passed by the Arbitrator to pay the compensation for loss generated in ...

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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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Recent Posts in "CA Bimal Jain"

Gift vouchers are neither goods nor services, but instruments used as consideration for payment – Controversy Saga Continues

The AAAR, Tamil Nadu in the matter of Kalyan Jewellers India Ltd. [Order-in-Appeal No. AAAR/11/2021 (AR), dated March 30, 2021] modified the order passed by the AAR, Tamil Nadu to the extent that vouchers are neither good nor service and the Central Goods and Services Tax Act, 2017 (CGST Act), recognized it as an instrument […]...

Read More

No GST to be paid during Search & Seizure unless accepted as GST liability

Shri Nandhi Dhall Mills India Private Limited Vs Senior Intelligence Officer,(Madras High Court)

The Hon’ble Madras High Court in Shri Nandhi Dhall Mills India Pvt. Ltd. v. Senior Intelligence Officer, DGGST & Ors. [W.P. No. 5192 of 2020 and WMP. No. 6135 of 2020] directed the Revenue Department to refund the amount of INR 2 crore collected from the assessee during the investigation. Held that, merely because the […]...

Read More

ITC not available on promotional items distributed FOC to their distributors/franchisees

The Hon’ble AAR, Karnataka in Re: M/s Page Industries Limited [Advance Ruling No. KAR ADRG 54/2020 dated December 15, 2020] held that assessee is in essence not eligible to claim input tax credit (ITC) on promotional products/materials and marketing items used in promotion of their brand and marketing their products which is distributed...

Read More

Benefit of conditional exemption Notification cannot be denied on pretext of unconditionally exempted

The Hon’ble Tripura High Court in Union of India v. M/S. Dharampal Satyapal Ltd. [Central Excise Appeal No.01/2019 and Central Excise Appeal No.02/2019, dated March 22, 2021] upheld the judgment passed by the CESTAT, Kolkata allowing the assesse to avail the benefit of notification granting conditional exemption from the of the duties o...

Read More

Automatic vacation of stay order after expiry of 365 days is not permissible

DCIT Vs Pepsi Foods Ltd. (Supreme Court of India)

The Hon’ble Supreme Court in DCIT v. Pepsi Foods Ltd. [Civil Appeal Nos. 1106 to 1139 of 2021 decided on April 6, 2021] has upheld the Hon’ble Delhi High Court’s verdict of partially striking down third proviso to Section 254(2A) of the Income Tax Act, 1961 (IT Act) which did not permit extension of a […]...

Read More

A literal formalistic interpretation of statute is to be avoided in interpreting beneficial exemptions

The Hon’ble Supreme Court of India in Government of Kerala & Anr. v. Mother Superior Adoration Convent [Civil Appeal No. 202 of 2012 and others, decided on March 1, 2021] upheld the judgments passed by the Hon’ble Kerala High Court allowing the exemption of tax on buildings used as residential quarters for nuns, priests or [&helli...

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Hypothetical question’ which has not yet materialized, outside the purview of Advance Ruling

The Hon’ble AAR Gujarat in M/s. Shree Arbuda Transport (Advance Ruling No.: GUJ/GAAR/R/82/2020 decided on September 17, 2020) has held that the provisions for seeking advance ruling is limited to the activities conducted by M/s. Shree Arbuda Transport (Applicant) and cannot be sought for the agreement or matters which have not materiali...

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Not providing an opportunity of being heard before passing an order is violative of principle of natural justice

The Hon’ble Jammu & Kashmir High Court in Navneet R. Jhanwar v. State Tax Officer and Ors. [WP (C) No. 443/2021, dated March 17, 2021] quashed the refund rejection order passed by the Revenue Authority rejecting the claim for refund without giving an opportunity of being heard and remanded back the matter for passing an […]...

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HC Allowed refund of IGST along with interest on export made during July -September, 2017 period

The Hon’ble Delhi High Court in TMA International Pvt. Ltd. & Ors. v. Union of India & Anr. [W.P.(C) 2694/2019 & CM No. 26556/2020, dated March 26, 2021] directed to Revenue Authorities to grant refund claim of Integrated Goods and Services Tax (IGST) to the assessee by April 26, 2021 along with interest @ 7% […]...

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GST @ 5% not applicable for facilities provided in self-owned marriage & party halls

The AAR, Haryana in the matter of M/S. Jewel Classic Hotels Pvt. Ltd. [Advance Ruling No. HAR/HAAR/R/2019-20/23, decided on June 25, 2020] held that the facilities for food catering, banquet etc. provided in self-owned marriage and party halls by separate entities under common ownership is not covered under ‘outdoor catering’ as per N...

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