Articles by Bimal Jain

Marketing Services provided to Foreign Principals is Export

Posted by Bimal Jain 02 June 2014 5500 Views

Services provided to Foreign Principals for marketing their products in India qualify as an export of service We are sharing with you an important judgement of the Honble CESTAT, Delhi, in the case of Commissioner of Service Tax, Delhi Vs. Men

Unjust Enrichment not Satisfied When Refund debited as Expenditure

Posted by Bimal Jain 27 May 2014 7439 Views

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

Posted by Bimal Jain 19 May 2014 9587 Views

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

Posted by Bimal Jain 08 May 2014 9837 Views

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

Posted by Bimal Jain 02 May 2014 6716 Views

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

Posted by Bimal Jain 21 April 2014 7840 Views

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

Posted by Bimal Jain 03 April 2014 9163 Views

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

Posted by Bimal Jain 11 March 2014 18895 Views

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

Posted by Bimal Jain 07 March 2014 16827 Views

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.

Posted by Bimal Jain 06 March 2014 14945 Views

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