Judgements by Bimal Jain

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The Hon'ble AAR Odisha, in the matter of Tokyo Electric Power Co.[Order No.02/Odisha-AARJ2020-21 dated November 19, 2020] held that supply of consultancy service to an Indian entity Odisha Power Transmission Corporation Limited ("OPTCL") is not impor

Posted in GST |   138 Views



The Hon'ble CESTAT, New Delhi, in Jayaswal Neco Industries Ltd. vs. Commissioner of Customs, Central Excise and Service Tax - Raipur [Service Tax Appeal No. 50893 of 2015 (dated, October 07, 2020)] held that, the assessee could not be held to be liab

Posted in GST |   117 Views



The Hon'ble Madhya Pradesh High Court, in Akash Garg vs. State of M.P. [W.P. No.16117/2020 (dated, November 19, 2020)], held that statutory procedure prescribed for communicating show-cause notice ("SCN") or order under Rule 142(1) of Central Goods a

Posted in GST |   140 Views



The Hon'ble National Anti-Profiteering Authority (NAA), in the case of DGAP vs. Hardcastle Restaurants [Case No. 79/2020 datedDecember 9, 2020] held that, the Hardcastle Restaurants ("Respondent") has committed an offence by denying the   benefit of

Posted in Others |   141 Views



The Hon'ble Gujarat High Court in Anant Jignesh Shah vs. Union of India [R/Special Civil Application No. 12712 of 2020 dated November 6, 2020] set aside the order and held that the show cause notice under Section 130 of the Central Goods and Services

Posted in GST |   141 Views



The Hon'ble Madras High Court in the case of M/s. Chennai Petroleum Company Ltd. (CPCL) v. Commissioner of GST & Central Excise [C.M.A.Nos.4298, 4299 and 4301 of 2019 dated, October 28, 2020] rejected the refund of excise duty under Section 11B of th

Posted in GST |   77 Views



The Hon'ble Allahabad High Court in the matter of Ansari Construction vs. Additional Commissioner, CGST(Appeals)& Ors. [Writ Tax No. 626 of 2020 dated November 24, 2020]set aside ex-parte order seeking to cancel assessee’s registration for failure to

Posted in GST |   145 Views



The Hon'ble Supreme Court of India, in Madras Bar Association v. Union of India & Anr. [Writ Petition (C) No.804 of 2020, (dated November 27, 2020)] upheld the validity of Tribunal, Appellate Tribunal and other Authorities (Qualifications, Experience

Posted in LAW |   103 Views


GST is leviable on Lottery and gambling

  Bimal Jain    05 December 2020 at 10:10

The Hon'ble Supreme Court in Skill Lotto Solutions Pvt. Ltd. v. Union of India &Ors. [W.P. (C) No. 961 of 2018 dated December 3, 2020] held that lottery and gambling under GST’s ambit is legally valid, upholding validity of tax imposition on lottery

Posted in GST |   386 Views



The Hon'ble AAAR, Maharashtra, in the matter of Apsara Co-operative Housing Society Ltd.[Order No. MAH/AAA/RS-SK/28/2020-21, dated November 5, 2020] upheld an earlier order of the AAR, that GST is to be levied on maintenance charges collected by coop

Posted in GST |   140 Views



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