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CA Bimal Jain

Latest Articles


Assessee Entitled to Refund Due to Delay in Constituting Appellate Tribunal

Goods and Services Tax : Karnataka HC grants Cultgear Pvt Ltd refund, pending GST tribunal formation, with a bank guarantee. Liberty to appeal extended til...

July 18, 2024 45 Views 0 comment Print

Assessee entitled to personal hearing opportunity after passing of Order when amount of tax payable has been appropriated

Goods and Services Tax : Explore the Madras High Court judgment in Amarjyothi Carrying Corporation v. Assistant Commissioner (ST) on entitlement to persona...

July 13, 2024 585 Views 0 comment Print

Recipient can claim ITC on exempt services where supplier has charged GST

Goods and Services Tax : Discover how the Odisha AAR allows ITC on exempt services where the supplier has charged GST. Understand conditions and implicatio...

July 5, 2024 1533 Views 0 comment Print

GST is not applicable on services of design engineering and contraction of water tanks by the Government Authority

Goods and Services Tax : In M/s. THDC India Ltd, Uttarakhand AAR ruled that government authority services like design engineering and water tank constructi...

July 1, 2024 285 Views 0 comment Print

Revenue department cannot vivisect the business agreement to create demand

Goods and Services Tax : In Piramal Enterprises Ltd v. State of Maharashtra, Bombay HC ruled against revenue's selective interpretation of business transfe...

July 1, 2024 300 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 765 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 3111 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 12693 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 3657 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 873 Views 0 comment Print


Latest Judiciary


Grant Hearing if Circular on GSTR-3B & 2A discrepancies for ITC Claims Not Followed

Goods and Services Tax : Karnataka HC remands R.S Marketing's case, granting a fresh hearing on ITC discrepancies between GSTR-3B and GSTR-2A due to non-co...

July 18, 2024 42 Views 0 comment Print

Attachment Order under Customs Act for Service Tax Recovery is invalid

Service Tax : Zest Buildtek Promotors Vs Deputy Commissioner of GST & Central Excise (Madras High Court)Issuance of attachment order under provi...

July 3, 2024 225 Views 0 comment Print

GST: Recording reason to believe in INS-01 is a pre-requisite to initiate Search

Goods and Services Tax : Allahabad HC rules that failing to record reasons in INS-01 before initiating a search under Section 67 of CGST Act invalidates th...

July 3, 2024 612 Views 0 comment Print

Appeal cannot be rejected on procedural lapse of non-submission of order

Goods and Services Tax : Madras High Court rules that appeals cannot be dismissed for procedural lapses, emphasizing timely filing. Key case: Indian Potash...

July 2, 2024 597 Views 0 comment Print

Luxury tax on services at Ayurveda Centre, Beauty Parlor & Convention Centre within hotel

Goods and Services Tax : Explore the Kerala High Court ruling on luxury tax applicability to services at Ayurveda Centre, Beauty Parlor, and Convention Cen...

July 2, 2024 276 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 4449 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 35239 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 567 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 593 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 859 Views 0 comment Print


ITC not available on Works Contract Services for construction of Immovable Property

August 23, 2021 4161 Views 1 comment Print

In re The Varachha Co Op Bank Ltd [Advance Ruling No. GUJ/GAAR/R/37/2021 dated July 30, 2021], M/s. The Varachha Co Op Bank Ltd (Applicant) having undertaken construction of their New Administrative Office has sought an Advance Ruling on applicability of Input Tax Credit (ITC) on Services like Central Air Conditioning Plant, New Locker Cabinet, Lift, […]

Expenditure on Partner’s Foreign Educational Course allowable to Deductions

August 23, 2021 5436 Views 1 comment Print

In Aswathanarayana & Eswara v. Deputy Commissioner of Income-tax, Circle-I, Chennai [ Tax Case Appeal No. 409 of 2009 dated March 30, 2021], Aswathanarayana & Eswara (Appellant) has filed the current appeal challenging the Order No. No. 550/Mds/2008 dated November 21, 2008 passed by the Hon’ble Income Tax Appellate Tribunal (ITAT) regarding confirmation of disallowance […]

SC issues notice on Plea challenging 18% GST on Diplomat of National Board course

August 23, 2021 2511 Views 0 comment Print

Association of Diplomate of National Board Doctors (Petitioner) has filed the current writ petition for quashing of Notification imposing of 18% Goods and Services Tax (GST) on fee deposited by Diplomate of National Board (DNB) students.

Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI

August 21, 2021 2907 Views 0 comment Print

Works Contract taxable at 12% with ITC for services provided by sub-contractor to contractor for NHAI In Building Roads Infrastructure & Construction Pvt. Limited. [AAR No. 07/ AP/GST/2021 dated January 18, 2021], Building Roads Infrastructure & Construction Pvt. Limited (Applicant) being a subcontractor sought a clarification on taxability of works contract services provided to contractor […]

Providing loans to borrowers by the bank does not amount to service

August 21, 2021 1026 Views 0 comment Print

This implies that services by way of loan do come within the purview of supply, however, that has been considered as an ‘exempted supply’ in the Service Exemption Notification.

SC dismissed SLP filed by department for being a “certificate cases” filed only to save ‘skin of defaulting officers

August 21, 2021 1398 Views 0 comment Print

SC dismissed SLP filed by the department for being a ‘certificate cases’ filed only to save the skin of defaulting officers In Re Union of India vs Vishnu Aroma Pouching (P.) Ltd. [SLP (Civil) DIARY NO(S). 1434/2021 decided on June 29, 2021] the Hon’ble Supreme Court dismissed the Special Leave Petition by looking to the […]

Telangana HC directed Customs Commissioner to amend BOE so as to enable importer to take refund of excess CVD paid

August 21, 2021 2130 Views 0 comment Print

In M/s. Sony India (P) Ltd. v. Union of India [Writ petition no. 4793 of 2021 dated August 12, 2021] the Hon’ble Telangana High Court directed the Custom Commissioner to amend the Bill of Entry (BOE) so as to enable the Importer to claim refund of excess Countervailing Duty (CVD) paid. Facts: M/s Sony India […]

What is recourse available to deal with Notices on Mismatch of GSTR-2A & GSTR-3B

August 20, 2021 41181 Views 0 comment Print

Since the Goods and Services Tax (GST) got introduced from July 2017, there has always been issues of specifically matching and reconciling of Input Tax Credit (ITC) claimed in self-declared tax summary return i.e GSTR-3B with the data under auto generated form GSTR-2A/ 2B. Conceptual Understanding- GSTR-3B is a consolidated form of monthly summary return […]

Stipends reimbursed by Trainer Companies doesn’t attract GST

August 20, 2021 4155 Views 0 comment Print

In re Yashaswi Academy For Skills (GST AAR Maharashtra) No GST on reimbursement received by applicant of stipend paid to trainees  M/s. Yashaswi Academy for Skills (the Applicant) has sought a clarification on the issue as to whether the reimbursement by the companies to the Appellant of the stipend paid to students attract Goods and […]

Whether ITC is not available to Sub Contractor on goods purchased on own account for Works Contract Services

August 19, 2021 6681 Views 0 comment Print

In M/s. Karthikeya Projects [AAR No.09/AP/GST/2021 dated January 19, 2021], M/s. Karthikeya Projects (Applicant) being a sub-contractor providing works contract service has sought an advance ruling on whether he can avail Input Tax Credit (ITC) on the purchases made on their own account, for furtherance of the business. The Hon’ble Andhra Pradesh Authority for Advance […]

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