CA Bimal Jain

Gist of key 21 amendments proposed in GST Law

Goods and Services Tax - To iron out the practical hindrances and issues being faced by the Industry Inc since the implementation of GST, the GST Council on July 9, 2018 had unveiled the draft of proposed changes in GST law before they are introduced in the upcoming monsoon session of the Parliament. Total 46 amendments are suggested as a major step towards faci...

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GST Charcha: Consultancy and support services aren’t composite supply in GST

Goods and Services Tax - The Applicant sought clarification as to whether MCS qualify as composite supply in GST and if not, whether supply of support services will fall under ambit of intermediary services....

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GST Charcha– Know Your Taxable Jurisdiction

Goods and Services Tax - Lots of issues pertaining to GST are resolving day by day, but still some grey areas exist, one of which is How to find out taxable Jurisdiction of the assessee....

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GST Charcha: Zero Rated Supplies to SEZ

Goods and Services Tax - Supplies to SEZ unit/ Developer are Zero-rated Supply: In terms of Section 16 of the IGST Act, 2017, the following supplies of goods or services are considered as zero-rated supply. (Relevant provision of Section 16 is reproduced here in below):...

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Ebbs and Flows of 365 days implementation of GST: Celebrating a year of learning!!

Goods and Services Tax - Reeling from the messy implementation of demonetisation in November 2016, rolling out of half- baked Goods and Services Tax (GST) came as a tide in the lives of Indian businesses and taxpayers. Rightly learned from the natural law theory that being flawless is not something which happens at once, it’s a process of crawling, falling [&he...

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

Goods and Services Tax -   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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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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Entry tax levy upheld by the Supreme Court

Jindal Stainless Ltd. & Anr. Vs. State of Haryana & Ors. (Supreme Court) - Supreme Court upheld constitutional validity of Entry tax imposed by States. A nine-judge Constitution Bench, overrules 'compensatory tax' theory propounded by 7 judges bench...

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Inputs / Capital goods used in R&D and Quality Control Laboratory for input testing, final product samples eligible for Cenvat credit

Sabic Innovative Plastics (P.) Ltd. Vs Commissioner of Central Excise & Service Tax (CESTAT Ahmedabad) - Subic Innovative Plastics (P.) Ltd. (the Appellant) had taken Cenvat credit on inputs and capital goods used in Research and Development (R&D) and Quality Control Laboratory situated in the factory premises. ...

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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"

Gist of key 21 amendments proposed in GST Law

To iron out the practical hindrances and issues being faced by the Industry Inc since the implementation of GST, the GST Council on July 9, 2018 had unveiled the draft of proposed changes in GST law before they are introduced in the upcoming monsoon session of the Parliament. Total 46 amendments are suggested as a major step towards faci...

Read More

GST Charcha: Consultancy and support services aren’t composite supply in GST

The Applicant sought clarification as to whether MCS qualify as composite supply in GST and if not, whether supply of support services will fall under ambit of intermediary services....

Read More
Posted Under: Service Tax |

GST Charcha– Know Your Taxable Jurisdiction

Lots of issues pertaining to GST are resolving day by day, but still some grey areas exist, one of which is How to find out taxable Jurisdiction of the assessee....

Read More

GST Charcha: Zero Rated Supplies to SEZ

Supplies to SEZ unit/ Developer are Zero-rated Supply: In terms of Section 16 of the IGST Act, 2017, the following supplies of goods or services are considered as zero-rated supply. (Relevant provision of Section 16 is reproduced here in below):...

Read More
Posted Under: Service Tax |

Ebbs and Flows of 365 days implementation of GST: Celebrating a year of learning!!

Reeling from the messy implementation of demonetisation in November 2016, rolling out of half- baked Goods and Services Tax (GST) came as a tide in the lives of Indian businesses and taxpayers. Rightly learned from the natural law theory that being flawless is not something which happens at once, it’s a process of crawling, falling [&he...

Read More
Posted Under: Service Tax |

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 Service Tax Vs. M/s Bhayana Builders (P) Lt...

Read More

CBEC clarifies on Job work Procedures & Compliances

Central Board of Excise Indirect Taxes and Customs vide Circular No. 38/2018 dated March 26, 2018 has clarified various provisions of job work w.r.t. issuance of challan, requirement of registration, liability to issue invoice, availability of Input Tax Credit and other compliances for both principal and job worker....

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Posted Under: Service Tax |

Summary of Latest updates on E-way Bill with Video

Touted as an anti-evasion measure, E-way bill has been made mandatory for inter-state movement of goods from April 1, 2018 after technological glitches forced the government to defer the implementation from the initial rollout date of February 1, 2018....

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Posted Under: Service Tax |

Clarifications on exports related refund issues in Circular No. 37/11/2018- GST

Clarifications on exports related refund issues in GST – Circular No. 37/11/2018- GST dated March 15, 2018- Board vide Circular No. 17/17/2017 – GST dated 15th November 2017 and Circular No. 24/24/2017 – GST dated 21st December 2017 clarified various issues in relation to processing of claims for refund. ...

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Posted Under: Service Tax |

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 on gross consideration including all exp...

Read More
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