CA Bimal Jain

Important Dates for filing GSTR-3B & GSTR-1 for availing benefit of Interest & Late Fees

Goods and Services Tax - Important Dates for filing GSTR-3B and GSTR-1 for availing benefit of Interest & Late Fees considering recent GST Notifications, Circulars, Orders, Instruction issued by CBIC on 24th June 2020. 1. Full Waiver of Late Fees for filing FORM GSTR-1 vide Notification No. 53/2020 – CT dt 24.06.2020 Sr. No Class of Registered Person Fo...

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Interview of GST expert CA Bimal Jain & Recent Issues in GST

Goods and Services Tax - INTERVIEW WITH GST EXPERT CA BIMAL JAIN BY CA SUDHIR HALKHANDI Today I have with me one of the biggest Experts of GST CA Bimal Jain, The GST Guru. CA Bimal Jain is a qualified Chartered accountant 1994. He is FCA, FCS, and LLB. He is the chairman of Indirect Tax committee of PHD chamber […]...

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Recent Changes in GST vide Various Notification No. 30/2020 to 36/2020 dated 03.04.2020

Goods and Services Tax - Recent Changes in GST vide Various Notification No. 30/2020 to 36/2020 dated 03.04.2020 In view of the spread of pandemic COVID-19, the Hon’ble FM has announced various reliefs measures relating to statutory and regulatory compliance matters in GST. For ease of your convenience and reference, due date calendar for various returns in GST...

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AAAR: Breakwater is not ‘plant and machinery’ but a ‘civil structure’, not eligible for ITC

Goods and Services Tax - The Hon’ble AAAR, Maharashtra in the matter of M/s Konkan LNG Private Limited [Order No. MAH/AAAR/SS-RJ/14/2019-20 dated November 6, 2019] upheld the decision of Hon’ble AAR, Maharashtra to disallow that Input Tax Credit (ITC) of taxes paid on breakwater wall construction which saves the jetty and cargo from high tide and forceful sea...

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No GST on ‘Mobilization Advance’ received in Pre-GST Era

Goods and Services Tax - Whether, the Applicant would be liable to pay GST, under the provisions of the CGST Act, 2017 and allied laws, on the instalments of the 'Mobilization Advance', which has transitioned into the GST regime and adjusted deducted by the Applicant post the implementation of GST (i.e. post July 1st, 2017)?...

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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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Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

Thermax Limited vs Union Of India (Gujarat High Court) - The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed....

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HC: Attachment cannot be made on Petitioner’s property to recover dues of erstwhile owner

Choksi Texlen Pvt. Ltd. Vs State of Gujarat (Gujarat High Court) - The Hon’ble HC, Gujarat in the matter of M/s Choksi Texlen Pvt. Ltd. v. State of Gujarat [Special Civil Application No. 8096 of 2019 dated October 18, 2019] instructs Revenue authorities to withdraw the charge and attachment made on the Petitioner’s property to recover alleged dues of the erstwh...

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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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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"

Important Dates for filing GSTR-3B & GSTR-1 for availing benefit of Interest & Late Fees

Important Dates for filing GSTR-3B and GSTR-1 for availing benefit of Interest & Late Fees considering recent GST Notifications, Circulars, Orders, Instruction issued by CBIC on 24th June 2020. 1. Full Waiver of Late Fees for filing FORM GSTR-1 vide Notification No. 53/2020 – CT dt 24.06.2020 Sr. No Class of Registered Person Fo...

Read More
Posted Under: Excise Duty |

Interview of GST expert CA Bimal Jain & Recent Issues in GST

INTERVIEW WITH GST EXPERT CA BIMAL JAIN BY CA SUDHIR HALKHANDI Today I have with me one of the biggest Experts of GST CA Bimal Jain, The GST Guru. CA Bimal Jain is a qualified Chartered accountant 1994. He is FCA, FCS, and LLB. He is the chairman of Indirect Tax committee of PHD chamber […]...

Read More
Posted Under: Excise Duty |

Recent Changes in GST vide Various Notification No. 30/2020 to 36/2020 dated 03.04.2020

Recent Changes in GST vide Various Notification No. 30/2020 to 36/2020 dated 03.04.2020 In view of the spread of pandemic COVID-19, the Hon’ble FM has announced various reliefs measures relating to statutory and regulatory compliance matters in GST. For ease of your convenience and reference, due date calendar for various returns in GST...

Read More
Posted Under: Excise Duty |

Gujarat HC allows Rebate of Excise Duty to Petitioner in Cash instead of Cenvat Credit in post GST regime

Thermax Limited vs Union Of India (Gujarat High Court)

The Gujarat HC conclusively held that the Respondent ought to have directed the sanctioning Authority to refund the duty of the amount in cash instead of credit in the CENVAT account and for the foregoing reasons, the Petition was allowed to succeed....

Read More
Posted Under: Excise Duty |

AAAR: Breakwater is not ‘plant and machinery’ but a ‘civil structure’, not eligible for ITC

The Hon’ble AAAR, Maharashtra in the matter of M/s Konkan LNG Private Limited [Order No. MAH/AAAR/SS-RJ/14/2019-20 dated November 6, 2019] upheld the decision of Hon’ble AAR, Maharashtra to disallow that Input Tax Credit (ITC) of taxes paid on breakwater wall construction which saves the jetty and cargo from high tide and forceful sea...

Read More
Posted Under: Excise Duty |

No GST on ‘Mobilization Advance’ received in Pre-GST Era

Whether, the Applicant would be liable to pay GST, under the provisions of the CGST Act, 2017 and allied laws, on the instalments of the 'Mobilization Advance', which has transitioned into the GST regime and adjusted deducted by the Applicant post the implementation of GST (i.e. post July 1st, 2017)?...

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Posted Under: Excise Duty |

IGST refund allowed even if CG imported under EPCG Scheme for the period of 01.07.2017 to 12.10.2017

IGST refund allowed even if CG imported under EPCG Scheme for the period of July 1, 2017 to October 12, 2017 The Hon’ble HC, Gujarat in the matter of M/S Prince Spintex Pvt Ltd v. Union of India [R/Special Civil Application No. 20756 of 2018 dated February 3, 2020] allowed refund of IGST paid on […]...

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Posted Under: Excise Duty |

HC: No Interest if IGST wrongly paid inadvertently as CGST

The Hon’ble HC, Jharkhand in the matter of Shree Nanak Ferro Alloys Pvt. Ltd.  vs. Union of India [W.P.(T) No. 2246 of 2019 dated December 18, 2019] directed the Petitioner to deposit the amount of Rs. 41,98,642/-, under the Integrated Goods and Service Tax (“IGST”) head, towards the liability of September, 2017 and quashed the [&h...

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Posted Under: Excise Duty |

Madras HC: GST Interest on Net Tax Liability

Madras HC in its recent decision in the case of Refex Industries Limited v. Assistant Commissioner of CGST & Central Excise has held that interest u/s 50 of CGST Act can be levied only on belated ‘cash’ component of tax and not on ‘ITC’ component....

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Posted Under: Excise Duty |

Rajasthan HC allows bail application of a CA upon furnishing of personal bond

Hon’ble HC, Rajasthan in Paridhi Jain v. State [S.B. Criminal Miscellaneous Bail Application No. 742/2020, 48/2020 dated January 20, 2020] after considering the fact that fact that the Petitioner being a practising Chartered Accountant and a lady of 27 years is facing incarceration for last more than one month, allowed bail application ...

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Posted Under: Excise Duty |

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