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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 90 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 588 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 1539 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 771 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 12699 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 171 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 615 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


Draft GST Report on Returns under GST on public domain

October 22, 2015 7533 Views 0 comment Print

Key highlights of Draft Report on Returns under GST – 1. Every registered dealer is required to file Return for the prescribed tax period. A Return needs to be filed even if there is no business activity (i.e. Nil Return) during the said tax period of return; 2. Eight different types of Returns are prescribed viz. GSTR 1 to GSTR 8;

Rebate of Excise duty admissible on both inputs & final products

October 14, 2015 2525 Views 0 comment Print

Whether the Assessee is eligible to claim rebate of Excise duty paid on inputs used in exported goods as well the Excise duty paid on exported final products under Rule 18 of the Central Excise Rules, 2002 (the Excise Rules)?

Book Release 1st Edition of "GST – Introduction and Way forward"

October 9, 2015 5490 Views 0 comment Print

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

Draft GST Reports on payment process, refund process and registration on public domain

October 7, 2015 3702 Views 0 comment Print

In order to engage with the stakeholders and invite comments from the public at large, Ministry of Finance has decided to make available the Draft Business Processes of GST. Following are the Draft Reports on GST available on public domain for virtual feedback of the public: Report of the Joint Committee on Business Processes for GST on Refund Process; Report of the Joint Committee on Business Processes for GST on Registration; Report of the Joint Committee on Business Processes for GST Payment Process.

No Excise duty Price-escalation not contemplated at or before time of removal :SC

October 7, 2015 1586 Views 0 comment Print

CCE Vs. Hitkari Fibres Ltd. (Supreme Court), Price-escalation which was not contemplated at or before time of removal, cannot form part of transaction value especially when there is no allegation of understatement of value – Duty is payable at place, price and time of clearance of goods

Analysis of CBEC clarification on chargeability of Service tax on GTA

October 7, 2015 3083 Views 0 comment Print

CA Bimal Jain Background: Goods Transport Agency (“GTA”) has been defined to mean any person who provides service to a person in relation to transport of goods by road and issues consignment note, by whatever name called. In addition to transportation services, GTA also provides various ancillary services such as loading/ unloading, packing/unpacking, transhipment, temporary […]

Order becomes null if based merely on statements of witnesses without allowing assessee to cross-examine them: SC

October 7, 2015 6819 Views 0 comment Print

Andaman Timber Industries Vs. CCE (Supreme Court) Not allowing assessee to cross-examine statements of witnesses, which were made basis of demand, is a serious flaw which makes order nullity, as it amounts to violation of principles of natural justice.

No Special Session on GST as Parliament prorogue Monsoon Session

September 11, 2015 1073 Views 0 comment Print

The Cabinet has decided not to call for a Special Session to pass the much-hyped and much-delayed Constitution (122ndAmendment) Bill, 2014 on Goods and Services Tax (‘GST Bill’ or ‘122nd CAB’) in the wake of opposition from Congress.

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

September 10, 2015 2585 Views 0 comment Print

  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, […]

Government pushing GST to meet April, 2016 deadline

September 2, 2015 1436 Views 0 comment Print

Even though Parliament’s Monsoon Session could not turn into success, the Indian Government did not step-back and has been significantly working towards the success of Goods and Services Tax (GST) to be able to meet the April, 2016 deadline. The Government has pressed the pedal on the much needed administrative ground work for rolling out the ambitious Indirect tax reform on time.

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