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CA Bimal Jain

Latest Articles


Transit-State GST Officers Cannot Detain Goods as Inter-State IGST Transactions not in Their Jurisdiction

Goods and Services Tax : Andhra Pradesh High Court held that GST officers of a transit State cannot invoke Sections 129 or 130 against goods merely passing...

May 22, 2026 105 Views 0 comment Print

GST Refund on Cotton Seed Oil Cake Allowed as it Qualifies as Exempt Cattle Feed

Goods and Services Tax : Gujarat High Court held that GST paid on cotton seed oil cake must be refunded since the product is exempt as cattle feed under No...

May 22, 2026 93 Views 0 comment Print

GSTAT Orders Physical Service Due to Failure of Portal & Email Communication

Goods and Services Tax : GSTAT directed service through registered post/speed post after notices sent via portal and email failed to receive any effective ...

May 21, 2026 138 Views 0 comment Print

GST Audit Officer Cannot pass Assessment Order as Adjudicating Authority: Karnataka HC

Goods and Services Tax : The Karnataka High Court held that adjudication by the same officer who conducted the GST audit raises serious concerns of bias an...

May 20, 2026 324 Views 0 comment Print

GST Exemption Allowed as Similar Packaging Does Not Amount to Brand Name Usage

Goods and Services Tax : The Madras High Court held that common packaging elements, graphics, and colour schemes do not automatically create a “brand nam...

May 16, 2026 432 Views 0 comment Print


Latest News


SC to Review if Supplying Crane for Services Constitutes Transfer of ‘Right to Use’

Goods and Services Tax : Explore Supreme Court's scrutiny of whether supplying cranes for services like loading, unloading, lifting, and shifting qualifies...

May 21, 2024 1530 Views 0 comment Print

SC issues Notice to to Finance Ministry on GST Return Revision Option on Portal

Goods and Services Tax : Explore the case of Pradeep Kanthed v. Union of India where the Supreme Court issues notice to the Finance Ministry regarding the ...

January 4, 2024 3903 Views 0 comment Print

SC to Decide on GST Implications of Immovable Property: Next Hearing on August 23

Goods and Services Tax : Commissioner of Central Goods And Service Tax & Ors Vs Safari Retreats Private Limited & Ors (Supreme Court of India) The ...

August 19, 2023 15048 Views 0 comment Print

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...

September 3, 2021 3903 Views 0 comment Print

Karnataka HC orders for appearance through Video Conferencing for summon issued

Custom Duty, Income Tax : The Karnataka High Court in M/s Pellagic Food Ingredients Private Ltd. v. Union of India [Writ Petition No. 14737/2021[T-CUS] issu...

August 15, 2021 1173 Views 0 comment Print


Latest Judiciary


GST Order Quashed as Successor Officer Passed Order Without Fresh Personal Hearing

Goods and Services Tax : The Delhi High Court held that an adjudication order passed by an officer who never personally heard the assessee violates princip...

May 21, 2026 108 Views 0 comment Print

Mandatory Personal Hearing under GST Sec. 75(4) Cannot Be Waived Even if Assessee Didn’t Opt for It: Gujarat HC

Goods and Services Tax : The Gujarat High Court held that authorities cannot pass adverse GST orders without complying with the mandatory hearing requireme...

May 20, 2026 252 Views 0 comment Print

Bombay HC Quashes Ocean Freight IGST Levy as Importer Is Not Service Recipient

Goods and Services Tax : The Bombay High Court held that importers under CIF contracts cannot be taxed under reverse charge for ocean freight since they ar...

May 16, 2026 555 Views 0 comment Print

GST SCN Quashed Because Allegations Were Vague & Unsupported

Goods and Services Tax : The Punjab and Haryana High Court held that a Section 73 GST notice lacking specific details, computations, and supporting materia...

May 14, 2026 255 Views 0 comment Print

GST Circular Trading: Penalty Equal to Full ITC Passed On, Not Limited to ₹10,000

Goods and Services Tax : The Madras High Court held that penalties under Section 122 of the CGST Act must equal the ineligible ITC availed or passed on in ...

May 14, 2026 10416 Views 0 comment Print


Latest Notifications


Notification No. 32/2015-Central Excise Dated- 4th June, 2015

Excise Duty : Notification No. 32/2015-Central Excise Dated- 4th June, 2015 Ethanol produced from molasses generated from cane crushed in the ...

June 4, 2015 4761 Views 0 comment Print

Clarification on rate of service tax on restaurant service

Service Tax : Circular No. 184/3/2015-ST Dated the 3rd June, 2015 It is further clarified that exemption from service tax still continues to ser...

June 3, 2015 37831 Views 0 comment Print

Custom Duty exemption on goods for relief of flood affected people of J&K

Custom Duty : 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...

December 11, 2014 930 Views 0 comment Print

Excise duty exemption on goods for relief of flood affected people of J&K

Excise Duty : Grants exemption from Basic Excise Duty to goods donated or purchased out of cash donations for the relief and rehabilitation of p...

December 11, 2014 1085 Views 0 comment Print

Customs – Regarding adjudication of appraising related cases

Custom Duty : New posts have been created in the rank of Commissioners of Customs in DRI and DGCEI for adjudication of cases as investigated by ...

December 11, 2014 1225 Views 0 comment Print


Latest Posts in CA Bimal Jain

Transit-State GST Officers Cannot Detain Goods as Inter-State IGST Transactions not in Their Jurisdiction

May 22, 2026 105 Views 0 comment Print

Andhra Pradesh High Court held that GST officers of a transit State cannot invoke Sections 129 or 130 against goods merely passing through the State. The ruling clarifies that IGST transactions unrelated to the State do not confer detention or confiscation powers.

GST Refund on Cotton Seed Oil Cake Allowed as it Qualifies as Exempt Cattle Feed

May 22, 2026 93 Views 0 comment Print

Gujarat High Court held that GST paid on cotton seed oil cake must be refunded since the product is exempt as cattle feed under Notification No. 02/2017-CT (Rate). The ruling clarifies that exemption depends on end use as cattle feed, not the supply route or purchaser category.

GST Order Quashed as Successor Officer Passed Order Without Fresh Personal Hearing

May 21, 2026 108 Views 0 comment Print

The Delhi High Court held that an adjudication order passed by an officer who never personally heard the assessee violates principles of natural justice. The Court ruled that “one who hears must decide” and remanded the matter for fresh adjudication.

GSTAT Orders Physical Service Due to Failure of Portal & Email Communication

May 21, 2026 138 Views 0 comment Print

GSTAT directed service through registered post/speed post after notices sent via portal and email failed to receive any effective response from the Department. The Tribunal held that Section 169 of the CGST Act permits cumulative modes of service to ensure proper adjudication and natural justice.

Mandatory Personal Hearing under GST Sec. 75(4) Cannot Be Waived Even if Assessee Didn’t Opt for It: Gujarat HC

May 20, 2026 252 Views 0 comment Print

The Gujarat High Court held that authorities cannot pass adverse GST orders without complying with the mandatory hearing requirement under Section 75(4). The Court ruled that even if the assessee opts against personal hearing, principles of natural justice must still be followed.

GST Audit Officer Cannot pass Assessment Order as Adjudicating Authority: Karnataka HC

May 20, 2026 324 Views 0 comment Print

The Karnataka High Court held that adjudication by the same officer who conducted the GST audit raises serious concerns of bias and violation of natural justice. The matter was remanded after directing that jurisdictional objections be decided before proceeding on merits.

GST Exemption Allowed as Similar Packaging Does Not Amount to Brand Name Usage

May 16, 2026 432 Views 0 comment Print

The Madras High Court held that common packaging elements, graphics, and colour schemes do not automatically create a “brand name” under GST law. The ruling clarifies that exemption cannot be denied merely due to visual similarity where enforceable brand rights are relinquished.

Bombay HC Quashes Ocean Freight IGST Levy as Importer Is Not Service Recipient

May 16, 2026 555 Views 0 comment Print

The Bombay High Court held that importers under CIF contracts cannot be taxed under reverse charge for ocean freight since they are not recipients of the transportation service. The Court quashed the show cause notice and ruled the levy beyond statutory charging provisions.

GST SCN Quashed Because Allegations Were Vague & Unsupported

May 14, 2026 255 Views 0 comment Print

The Punjab and Haryana High Court held that a Section 73 GST notice lacking specific details, computations, and supporting material is legally unsustainable. The ruling emphasizes that vague allegations violate principles of natural justice and deprive taxpayers of an effective opportunity to respond.

No GST on Assignment of Leasehold Rights as Transfer of Immovable Property

May 14, 2026 636 Views 0 comment Print

The Bombay High Court held that assignment of leasehold rights in immovable property is a transfer of benefits arising from immovable property and not a supply of services under GST. The ruling clarifies that such transactions fall outside Section 7 read with Schedule II of the GST Act.

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