CA Bimal Jain

Concept and Applicability of TDS and TCS provisions w.e.f. October 1, 2018

Goods and Services Tax - After getting deferred till September 30, 2018, the Central Government vide Notification No. 50/2018 – Central Tax dated September 13, 2018 and Notification No. 51/2018 – Central Tax dated September 13, 2018, has appointed the 1st day of October 2018, as the date on which the provisions of Section 51 of the CGST Act, 2017 […]...

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Key Issues in GST Audit & Reconciliation of Financial Statements with GST Returns (video)

Goods and Services Tax - Key Issues in GST Audit & Reconciliation of Financial Statements with GST Returns (Video) Recently the Government vide Notification No. 39/2018 – Central Tax dated September 4, 2018, had notified GST Annual Return Formats viz. GSTR-9 (for regular taxable persons) and GSTR-9A (for composition supplier). Every taxpayer is required t...

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Key 21 suggestions on Draft GST Return Formats

Goods and Services Tax - Following suggestions were compiled by Mr. Bimal Jain, towards making GST Return system and formats simplified for all taxpayers, which have been submitted to the Government ...

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Exemption of services by Indian establishment to Foreign establishment – Not a complete relief yet!!!

Goods and Services Tax - Amongst slew of other recommendations, an important exemption from GST has been provided to Indian entities/branches/project offices/liaison offices of foreign companies supplying services to them. This is indeed a remarkable exemption which will provide relief to many multinational companies....

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Comparative summary of key 21 GST amendments as passed by Lok Sabha

Goods and Services Tax - To iron out the practical hindrances and issues being faced by the Industry Inc since the implementation of GST, the Lok Sabha, on August 9, 2018, has passed the following amendment Bills to the GST Law: Central Goods and Services Tax (Amendment) Bill, 2018 [CGST Amendment Bill] amending the CGST Act, 2017 [CGST Act]; Integrated […...

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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"

Concept and Applicability of TDS and TCS provisions w.e.f. October 1, 2018

After getting deferred till September 30, 2018, the Central Government vide Notification No. 50/2018 – Central Tax dated September 13, 2018 and Notification No. 51/2018 – Central Tax dated September 13, 2018, has appointed the 1st day of October 2018, as the date on which the provisions of Section 51 of the CGST Act, 2017 […]...

Read More

Key Issues in GST Audit & Reconciliation of Financial Statements with GST Returns (video)

Key Issues in GST Audit & Reconciliation of Financial Statements with GST Returns (Video) Recently the Government vide Notification No. 39/2018 – Central Tax dated September 4, 2018, had notified GST Annual Return Formats viz. GSTR-9 (for regular taxable persons) and GSTR-9A (for composition supplier). Every taxpayer is required t...

Read More

Key 21 suggestions on Draft GST Return Formats

Following suggestions were compiled by Mr. Bimal Jain, towards making GST Return system and formats simplified for all taxpayers, which have been submitted to the Government ...

Read More

Exemption of services by Indian establishment to Foreign establishment – Not a complete relief yet!!!

Amongst slew of other recommendations, an important exemption from GST has been provided to Indian entities/branches/project offices/liaison offices of foreign companies supplying services to them. This is indeed a remarkable exemption which will provide relief to many multinational companies....

Read More

Comparative summary of key 21 GST amendments as passed by Lok Sabha

To iron out the practical hindrances and issues being faced by the Industry Inc since the implementation of GST, the Lok Sabha, on August 9, 2018, has passed the following amendment Bills to the GST Law: Central Goods and Services Tax (Amendment) Bill, 2018 [CGST Amendment Bill] amending the CGST Act, 2017 [CGST Act]; Integrated […...

Read More

GST on services provided by one unit to other unit of same Company

Breaking the ice on much-debated taxability of inter-company supply of services in GST, the Hon’ble Authority for Advance Ruling, Karnataka while deciding the application filed by M/s Columbia Asia Hospitals Private Limited [Advance Ruling No. KAR ADRG 15/2018 dated July 27, 2018], has ruled that the activities performed by the employee...

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GST Charcha – Seizure Order of Goods: Appealable or Not?

This GST Charcha deciphers into relevant provisions of GST Law along with legal jurisprudence to determine whether the Order of seizure of goods by the Revenue is appealable or not under the provisions of the CGST Act?...

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Key features of Draft Simplified GST Returns

The Note on draft format of GST simplified return, inter alia, contains brief note which lists the salient features of the new GST return format and business process for the information of trade and industry...

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Exemption Notifications must be interpreted strictly: Supreme Court

In case of ambiguity in a charging provision, benefit must necessarily go in favour of assessee but the same is not true for an exemption notification. When there is ambiguity in exemption notification which is subject to strict interpretation, the benefit of such ambiguity cannot be claimed by the subject/assessee and it must be interpre...

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Key 15 suggestions on simplifying GST for SME / MSME sector

Ahead of GST Council meeting on August 4, which would exclusively focus on the issues / hardships faced by MSME, CBIC is collating grievances/issues related to GST and suggestions thereof for mitigating such issues for MSME taxpayers....

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