Judgements by Bimal Jain

The Hon’ble CESTAT, Delhi relying upon the judgment of Hon’ble Allahabad High Court in the case Hello Minerals Water (P) Ltd. Vs. Union of India [(2004 (7) TMI 98] which was based on the Hon’ble Apex Court judgment in the case of Chandrapur Magnet Wi

The Hon’ble CESTAT, Ahmedabad, relying on the decision in the Meghmani Dyes case, held that if prescribed Returns are filed by Assessee giving correct information, then extended period of limitation cannot be invoked. In the instant case also, prescr

The Appellant filed an appeal before the Hon’ble CESTAT, Delhi. The Hon’ble Tribunal vide a non-speaking Order dated February 26, 2013 (“Impugned Order”) ordered pre-deposit of 40% of the demand under Section 35F of the Central Excise Act, 1944 made

The Hon’ble CESTAT, Ahmedabad relying upon the decision in the Ranbaxy Laboratory case held that under Section 11BB of the Excise Act, there is no provision that relevant date for determining the rate of interest will be postponed in any eventuality.

The Hon’ble High Court of Chhattisgarh after discussing provisions under Section 67 of the Finance Act, 1994 (“the Finance Act”) read with Rule 5 of the Service Tax (Determination of Value) Rules, 2006 (“the Valuation Rules”), upheld the Order of the

The Hon’ble CESTAT, Delhi after discussing Section 73(3) of the Finance Act held that as per the provisions of Section 73(3) of the Finance Act, the SCN was not required to be issued when Service tax along with interest has been paid by the Assessee

Hon’ble Supreme Court has re-affirmed the position laid down in Larsen Turbo Case followed by landmark judgment of Five Judge Constitution Bench of the Hon’ble Supreme Court in the case of Kone Elevator India Private Limited Vs. State of Andhra Prade

The Hon’ble CESTAT, Delhi relying upon the decision in the MPortal India case, held that the matter is squarely covered in aforesaid decision and therefore, the Appellant is entitled to take Cenvat credit on the invoices received prior to Service tax

Vide Order-in-Original dated May 31, 2013, Service tax demand of Rs. 30,59,07,287/- for the period April, 2010 to March, 2011 was confirmed along with interest, Cenvat credit amounting to Rs. 49,25,935/- was disallowed and ordered to be recovered as

The Hon’ble CESTAT, Chennai relying upon the decision of the Hon’ble Supreme Court in case of Eicher Tractors Ltd. Vs. Commissioner of Customs [2000 taxmann.com 53 (SC)] which was followed by the Tribunal in various decisions, held that since there w