Articles by Bimal Jain

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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



No Service tax is leviable on the amount of discounts/ incentives as these are not consideration for any service rendered

  Bimal Jain    28 November 2014 at 10:32

Dear Professional Colleague,No Service tax is leviable on the amount of discounts/ incentives as these are not consideration for any service renderedWe are sharing with you an important judgment of the Honble Mumbai CESTAT, in the case of Grou



Department cannot adjust unconfirmed demand against refund payable to the assessee

  Bimal Jain    27 November 2014 at 13:36

Dear Professional Colleague,Department cannot adjust unconfirmed demand against refund payable to the AssesseeWe are sharing with you an important judgement of the Honble CESTAT, Delhi in the case of Bharat Sanchar Nigam Ltd. Vs. Commissioner



CBEC clarification on availment of Cenvat credit

  Bimal Jain    20 November 2014 at 11:04

Dear Professional Colleague,CBEC clarification regarding availment of Cenvat credit on Inputs/ Input Services after six monthsBackground:The CBEC vide Notification No. 21/2014-CE (NT), dated July 11, 2014 (Applicable w.e.f September 1, 2014) [



Service tax on Restaurants and Hotels

  Bimal Jain    17 November 2014 at 10:36

Dear Professional Colleague,Service tax on Restaurants and Hotels - We are sharing with you an important judgment of Division Bench of the Hon’ble Kerala High Court in the case of Union of India and Others Vs. Kerala Bar Hotels Association and



Govt. invites suggestions for Union Budget 2015

  Bimal Jain    05 November 2014 at 10:38

In the context of formulating the proposals for the Union Budget of 2015-16, the Ministry of Finance vide MOF DOR TRU letter in F. No. 344/20/2014-TRU dated October 27, 2014 has invited suggesti



Services provided to Foreign Principals for marketing their products

  Bimal Jain    17 October 2014 at 10:55

Dear Professional Colleague,Services provided to Foreign Principals for marketing their products in India qualify as an export of service We are sharing with you an important judgment of the Honble CESTAT, Delhi in the case of Microsoft Corpor



No penalty if there was mass unawareness among service providers about taxability of certain service

  Bimal Jain    16 October 2014 at 11:33

SERVICE TAXRECENT CASE LAWS No penalty if there was mass unawareness among service providers about taxability of certain service H.M. Singh & Co. Vs. Commissioner of Central Excise, Customs & Service Tax [2014 (49) taxmann.com 417(Allahab



Interest allowable on refund of pre-deposits

  Bimal Jain    11 October 2014 at 10:48

Dear Professional Colleague,Interest allowable on refund of pre-depositsWe are sharing with you an important judgment of Honble Delhi High Court in the case of Afcons Infrastructure Ltd. Vs. Union of India [(2014) 49 taxmann.com 79 (Delhi)] on




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