Articles by Bimal Jain

Extended period is not invocable, when penalties were waived

Bimal Jain 18 December 2014 at 11:42

Dear Professional Colleague,Extended period is not invocable, when penalties were waived off on the ground of interpretational issue being involvedWe are sharing with you an important judgment of the Honble CESTAT, New Delhi, in the case of Sa

Cenvat credit on Outdoor Catering services used in relation to business activities

Bimal Jain 17 December 2014 at 10:31

Dear Professional Colleague,Cenvat credit on Outdoor Catering services used in relation to business activities continues to be an eligible Input service even after amendment in the definition of Input services w.e.f April 1, 2011We are

CBEC clarifies that ST department can also conduct ST audit along with CA or CMA

Bimal Jain 13 December 2014 at 13:16

Dear Professional Colleague, Service Tax Dept can also conduct Service Tax Audit along with CA or CMA CBEC clarifies Background: The Honble High Court of Delhi in the case of Travelite (India) Vs. Union of India & Ors. (W.P. (C) 37

Principal Manufacturer is entitled to avail Cenvat credit

Bimal Jain 11 December 2014 at 10:54

Dear Professional Colleague,Principal Manufacturer is entitled to avail Cenvat credit of duty paid by job worker on intermediate goods, who choose to pay duty instead of availing exemptionWe are sharing with you an important judgement of the Hon&rsqu

Any Stay Order passed by the Tribunal

Bimal Jain 08 December 2014 at 11:10

Dear Professional Colleague,Any Stay Order passed by the Tribunal, if is in force beyond August 7, 2014, shall continue till disposal of appeals No need for filing application for extensionWe are sharing with you an important judgement of the

Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afresh

Bimal Jain 06 December 2014 at 12:12

Dear Professional Colleague,Tribunal has no inherent power to put a condition for depositing an amount for adjudicating the case afreshWe are sharing with you an important judgement of the Honble High Court, Andhra Pradesh, in the case of Maa

Value of materials not includible in the value of services

Bimal Jain 05 December 2014 at 10:51

Dear Professional Colleague,Value of materials not includible in the value of services where the Agreement quantifies the value of materials separately from the value of services renderedWe are sharing with you an important judgement of the Hon&rsquo

Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity

Bimal Jain 04 December 2014 at 11:01

Dear Professional Colleague,Inputs lost during manufacturing does not amount to receipt of Inputs in short quantity and accordingly whatever tax has been paid by Assessee on Inward Transportation service is entitled for Input Service credit We are sh

Ignoring judicial discipline and recording conclusions diametrically contrary to judgment of the Tribunal

Bimal Jain 29 November 2014 at 10:43

Dear Professional Colleague,Ignoring judicial discipline and recording conclusions diametrically contrary to judgment of the Tribunal is either illustrative of gross incompetence or clear irresponsible conduct - Revenue to pay litigation costsWe are

Assessee is eligible for remission of duty in respect of goods cleared for export

Bimal Jain 28 November 2014 at 10:32

Dear Professional Colleague, Assessee is eligible for remission of duty in respect of goods cleared for export under bond but which were destroyed at port before same could be exportedWe are sharing with you an important judgement of the Hon