Articles by Bimal Jain

Electricity charge from tenant not chargeable to Service Tax

Posted by Bimal Jain 29 May 2013 26008 Views

Electricity charge recovered from tenant not includible in renting of immovable property We are sharing with you an important judgement of the Ld. Commissioner of Central Excise (Appeals), Chennai in the case of In Ticel Bio Park Ltd. (2013) 33 tax

Service Tax Return (ST-3)-Viewing, Revising and Late Filing

Posted by Bimal Jain 23 May 2013 102903 Views

Service Tax Return (ST-3) - Viewing, Revising and Late Filing Service Tax Returns (ST 3) for the period July -Sept, 2012, e-filed in ACES, can now be viewed by the Assesses under View Original ST3′ View ST3′ option

Every audit objection doesn't lead to Mens rea/ Penalty

Posted by Bimal Jain 20 May 2013 10228 Views

Every audit objection doesn't lead to invocation of extended period and levy of penalty We have summarized the important judgment of the Honble Tribunal in the case of LANDIS + GYR LTD. V. COMMISSIONER OF CENTRAL EXCISE [2013] 32 Taxmann.

No Reversal of Cenvat Credit on Input Services U/R 3(5)-CCR

Posted by Bimal Jain 06 May 2013 28217 Views

No Reversal of Cenvat credit on Input Services U/R 3(5) of CCR, 2004 as applicable for reversal of Cenvat credit on inputs or capital goods only We are sharing with you an important judgement of Honble Kolkata CESTAT in the case of M/s Seven

Cenvat credit on Construction can be used for ST on Renting

Posted by Bimal Jain 27 April 2013 33584 Views

Excise paid on Inputs and ST on Input services used in construction can be utilized for discharging ST liability on renting of immovable property The Honble Tribunal in the case of Oberoi Mall Ltd. Vs. Commissioner of Service Tax [2013-TIOL-

Installation of tank for Storage of Inputs outside Factory

Posted by Bimal Jain 23 April 2013 9206 Views

Services for installation of storage tank for storage of inputs outside factory are input services Important judgement of Honble Mumbai High Court in the case of M/s Deepak Fertilizers and Petrochemicals Corpn. Ltd. Versus Commissioner of Cen

No third time cess payable on DTA clearances from EOU to DTA

Posted by Bimal Jain 22 April 2013 21293 Views

No third time cess payable on DTA clearances from EOU to DTA The Larger Bench of the Honble Tribunal has held that no third time cess is payable on clearance from an Export Oriented Unit (EOU) to the Domestic Tariff Area Unit (

Whether ST payable on erection of pandal or shamiana

Posted by Bimal Jain 17 April 2013 15277 Views

Whether Service Tax payable on service provided by way of erection of pandal or shamiana The Central Board of Excise and Customs (the CBEC) vide Circular No. 168/3/2013, dated April 15, 2013 has issued clarification on following issue

New Forms for filing appeal under Customs/Excise/ST:1-6-2013

Posted by Bimal Jain 16 April 2013 18115 Views

New Forms for filing appeal under the Customs, Excise and Service tax laws w.e.f 1-6-2013 Please note that the Central Government has amended the Customs (Appeals) Rules, 1982 [the Customs (Appeals) Rules] vide Notification No. 37/2013

CBEC should withdraw draconian circular-Recovery proceedings

Posted by Bimal Jain 04 April 2013 9257 Views

CBEC should withdraw draconian circular - Recovery proceedings during pendency of stay application The Central Board of Excise and Customs (the CBEC or the Board) has issued its first Central Excise Circular No. 967/01/20