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CA Bimal Jain

Latest Articles


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 582 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 1530 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

Legal heirs can be adjudicated for act or omission of deceased taxpayer

Goods and Services Tax : Analysis of legal implications when Revenue department initiates proceedings against legal heirs of deceased taxpayer, as per Honâ...

June 30, 2024 786 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


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 594 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

Gujarat HC Grants Relief against Coercive Tax Recovery by GST Department

Goods and Services Tax : The Gujarat High Court granted interim relief to P.R. Trading, halting coercive GST recovery labeled as voluntary. The matter is s...

June 29, 2024 471 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 35236 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


Revenue Department Can’t Block ITC Beyond One Year: Karnataka HC

January 18, 2024 813 Views 0 comment Print

Karnataka High Court ruling: Revenue cannot block Input Tax Credit (ITC) for more than one year. Details of S.P. Metals vs Asst. Commissioner of Central Tax case.

GST Notice of Personal Hearing devoid of any details is invalid: Chhattisgarh HC

January 17, 2024 678 Views 0 comment Print

Explore Chhattisgarh High Court’s ruling in Tata Steel vs. State of Chhattisgarh, directing a proper personal hearing notice under CGST Act Section 75(4).

GST Registration Cancellation can take effect from SCN issuance date

January 17, 2024 5430 Views 1 comment Print

Delhi High Court’s decision on GST registration cancellation, clarifying its effective date and impact. Get insights from Varyam Dass Khurana case.

Order Set-Aside if Assessee Denied Reasonable Reply Opportunity Post SCN

January 17, 2024 699 Views 0 comment Print

Explore case of Brakes India (P.) Ltd. vs. Assistant Commissioner (ST) where Madras High Court quashes Impugned Order due to lack of reasonable opportunity post-SCN received via Email.

Appeal Without Limitation: High Court Grants Relief in Uninformed Proceedings Case

January 17, 2024 438 Views 0 comment Print

Explore how Madras High Court, in Samadhu Medicals vs Deputy State Tax Officer case, allows an appeal without limitation due to Petitioner’s lack of knowledge post-personnel deaths.

Absence of authenticated documents alone not sufficient to reject GST Refund

January 15, 2024 942 Views 0 comment Print

Explore Dlhi High Court ruling on refund applications. Learn why court held that absence of authenticated documents alone is not sufficient grounds for rejection. Find out the implications for taxpayers.

Non-appearance for personal hearing on date fixed by GST Officer is not violation of natural justice

January 15, 2024 1269 Views 0 comment Print

In TSN Old Iron Scrap Merchants vs. Deputy Commissioner case, Andhra Pradesh High Court rules non-appearance at GST hearing doesn’t violate natural justice.

Assessee not entitled to avail remedy under writ petition when detailed order is passed by Revenue Department

January 13, 2024 4884 Views 0 comment Print

Explore the Madras High Court’s decision in Peter Tyres v. Assistant Commissioner of CGST & Excise, where a writ petition was dismissed due to the availability of statutory remedies. Learn about the rejection of Input Tax Credit and the court’s stance on discretionary jurisdiction. Know your options in similar situations.

Appeal can be filed if Authority acknowledged that key personnel responsible for compliance died

January 13, 2024 915 Views 1 comment Print

Learn about the Madras High Court’s landmark decision allowing appeals when key compliance personnel pass away, impacting GSTR-3B and GSTR-2A discrepancies. Explore the case of Samadhu Medicals and understand the implications for businesses. Get insights on how to navigate similar situations and protect your rights.

CGST Act Section 16(2)(c) and Rule 36(4) are constitutionally valid: Kerala HC

January 13, 2024 9162 Views 0 comment Print

Explore the Kerala High Court’s dismissal of Nahasshukoor’s writ petition, upholding CGST Act Section 16(2)(c) and Rule 36(4). Detailed analysis and conclusions provided.

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