Articles by Bimal Jain

Unjust Enrichment not Satisfied When Refund debited as Expenditure

Bimal Jain 27 May 2014 at 13:15

Test of unjust enrichment not satisfied where refund amount is shown as expenditure and not as claims receivableWe are sharing with you an important judgment of the Honble Mumbai CESTAT in the case of Hindustan Petr

SC explains distinction b/w Sales and Works contract

Bimal Jain 19 May 2014 at 12:07

Dear Professional Colleague,SC explains distinction between Contract for sale of goods and Works contract We are sharing with you an important judgement of the Honble Supreme Court of India, in the case of Kone Elev

VCES - ST paid after 1-3-2013 but before 10-5-2013

Bimal Jain 08 May 2014 at 11:26

Dear Professional Colleague,Service Tax paid after March 1, 2013 but before enactment of VCES on May 10, 2013 Should be considered as paid under VCESWe are sharing with you an important judgment of the Honble Gujarat High Court in the

No retrospective effect on non bailable offences under ST

Bimal Jain 02 May 2014 at 11:12

Dear Professional Colleague,Non Bailable offences under Service Tax do not have retrospective effect We are sharing with you an important judgement of the Honble High Court of Calcutta, in the case of Sudip Das, {[2014] 44 taxmann.com 48 (Calc

Exemption Notification cannot be forced upon assessee

Bimal Jain 21 April 2014 at 12:19

Dear Professional Colleague,Exemption Notification cannot be forced upon assessee No legal bar on paying duty & availing benefit of Modvat schemeWe are sharing with you an important judgement of the Honble High Court of Delhi, in t

Services performed in India for SR located abroad- Exports

Bimal Jain 03 April 2014 at 11:57

Dear Professional Colleauges,Services performed in India for a service recipient located abroad are export of servicesWe are sharing with you an important judgment of the Honble CESTAT, New Delhi in the case of Gap International Sourcing (Indi

No Service Tax leviable on Chit Fund Business

Bimal Jain 11 March 2014 at 12:14

Dear Professional Colleague,Chit fund business constitutes transaction in money and not liable to service taxRecently, the Honble Supreme Court of India, dismissed the SLP filed by the Union of India against the judgment of the H

Refund of unutilized Cenvat Credit - Partial Reverse Charge

Bimal Jain 07 March 2014 at 12:34

Dear Professional Colleague,Refund of unutilized Cenvat credit to Service Providers providing services under Partial Reverse Charge BackgroundPartial reverse charge mechanism has been introduced w.e.f. July 1, 2012 wherein both service provider and s

Importers issuing Cenvatable invoices requires CE Reg.

Bimal Jain 06 March 2014 at 12:59

Dear Professional Colleague,Importers issuing Cenvatable invoices require registration under Central Excise & consequential amendments Background:Rule 9 of the Central Excise Rules, 2002 (the Excise Rules) provides the list of pers

Changes in ST, Excise and Custom by Interim Budget 14

Bimal Jain 18 February 2014 at 11:22

Dear Professional Colleague, The Honble Finance Minister P. Chidambaram presented the Interim Budget for the fiscal year 2014-15 on Monday, February 17, 2014 to cover expenditure until the Government's term ends in May, 2014. While presenting