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CA Pradeep Jain

Latest Articles


Burden of tax on Heena Manufacturers and Traders under GST

Goods and Services Tax : The GST Council at its meeting on May 18, 19 has evolved a consensus on GST rates for goods and services, leading us closer to Jul...

June 8, 2017 4143 Views 4 comments Print

GST on interest, late fee or penalty for delayed payment

Goods and Services Tax : As per Section 12(6) of CGST Act, 2017 relating to Time of Supply of Goods states that time of supply to the extent it relates to ...

May 24, 2017 159009 Views 32 comments Print

Focus Areas of Reports Generated by Software for Filing Returns

Goods and Services Tax : Since the assessee has the option to take single registration for business verticals within a State, it will be imperative for the...

May 17, 2017 2001 Views 0 comment Print

Compliance on Cancellation of Registration under Revised GST Law

Goods and Services Tax : At present, the manufacturers/dealers registered under the Central Excise Act, 1944 have the option to surrender their registratio...

May 17, 2017 3606 Views 0 comment Print

Place of Supply of Goods or Services Part-III

Goods and Services Tax : Generally place of supply will be the place of recipient of service, if it is not available then place of supplier of service exce...

May 12, 2017 1686 Views 0 comment Print


Branded Goods – Stitched To Excise Duty

March 2, 2011 6732 Views 0 comment Print

Major amendments have been brought in Ready made garments and made-up articles through the budget 2011-12. These goods fall under chapter 61 of the Central Excise Tariff Act, 1985. Earlier these goods were exempted vide serial no. 16 of Notification no. 30/2004-CE dt. 09.07.2004. The entry at this serial no. exempted all the goods falling in chapter 61 subject to the condition of non availment of cenvat credit on inputs. This notification is amended vide notification no. 12/2011-CE dated 1.3.2011 the impact of which is that after budget, only those goods of chapter 61 will be exempted that neither bear the brand name nor are sold under the brand name.

Budget 2011- Two exemption Notifications- litigation inbuilt

March 2, 2011 8031 Views 0 comment Print

The hon’ble Finance Minister of India has introduced the Finance Bill, 2011 on 25.2.2011. This bill has withdrawn a no. of exemptions given to various tariff items. By this bill, a no. of entries that attracted the NIL rate of duty in tariff has also been brought under the purview of excise duty. On some tariff items, rate of duty have been fixed as 5%. These two are the major changes that have been made in the Excise Tariff vide Finance Bill, 2011. But as it mostly happens, these two exemptions have created an ambiguity amongst the assessees. This piece talks about the various spheres of these two notifications.

Budget 2011- Changing Levy of import duty on Stainless Steel Scrap

March 2, 2011 895 Views 0 comment Print

The rate of customs duty on the import of Stainless Steel Scrap under exemption Notification No. 21/2002-Cus dated 01.03.2002 has always been surrounded by controversies. There has been an amendment in the rate of duty on the import of SS scrap in almost all the Budgets announced in the recent years. We wrote article earlier on this controversy titled as “Non- Melting Controversy on Melting Scrap”

Budget 2011- Change in Rate of Service Tax on Money Changers

March 2, 2011 5316 Views 0 comment Print

With effect from 16.05.2008, the services pertaining to purchase or sale of foreign currency, including money changing was brought under service tax. The authorised dealers in foreign exchange or authorized changers were also covered. The Authorised money exchanger was required to be authorised under Section 10(1) of the Foreign Exchange Management Act, 1999 to deal in foreign exchange or foreign securities. Thus, the authority from Reserve Bank of India was a pre-condition for treating a foreign exchange broker as an authorised dealer of foreign exchange.

Budget 2011- Change in Service Tax Refund Scheme

March 2, 2011 558 Views 0 comment Print

The scheme of refund of service tax paid on specified services which were utilised for export of goods was given effect in 2007 vide Notification No. 41/2007-ST dated 06.10.2007. The exemption was granted by way of refund. However, announcing the grant of exemption and actual granting of refund of service tax paid proved to be two different scenarios. The exporter claiming refund of service tax was not granted refund claim on various issues.

Clandestine Removal- A Blessing For 100 Per Cent EOU

February 18, 2011 1073 Views 0 comment Print

“Ill gotten gains” are not the ill-ones if caused due to the interpretations of law. To survive in the cut-throat competition, the EOUs were allowed to clear the goods in Domestic Tariff Area. Being allowed the benefits like duty free import of input

Johnny and Service Tax Refund (Series-II)- Part 7 – “Refund on other services”

January 21, 2011 327 Views 0 comment Print

In continuation of previous articles, elaborating the difficulties in getting the refund claim under different conditions, we in this article are unveiling the problems existing in the Service tax refund mechanism under Conditions relating to Courier

Third Innings – Section 4A V/s Section 4

January 11, 2011 5226 Views 0 comment Print

Section 4A of Central Excise Act, 1944 empowers Central Government to specify goods on which duty will be payable based on ‘retail sale price’. The basic requirements for levy under MRP based Valuation is that the goods should be covered under provis

Johnny and Service Tax Refund (Series-II) Part VI – “Self Certification – An Inflexible Condition”

December 31, 2010 615 Views 0 comment Print

In continuation of previous articles, elaborating the difficulties in getting the refund claim under different conditions, we in this article are unveiling the problems existing in the Service tax refund mechanism under condition of Certification of Self Certification. This complete scenario is being elaborated with the means of humorous poems and conversation between Johnny (an assessee) and his father but the main motive is to bring out the problems faced by exporters.

Johnny and Service Tax Refund [Series- II] – Part 5- “Condition relating to Time Limit of One Year”

December 21, 2010 424 Views 0 comment Print

we in this article are unveiling the problems existing in the Service tax refund mechanism under various services as specified in the Notification No. 17/2009-ST (herein after referred to as Said Notification). For example CHA service, Port Service,

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