Articles by Bimal Jain

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Clarification on chargeability of Service tax on transactions between Joint Venture and its members

Posted by Bimal Jain 01 October 2014 23590 Views

SERVICE TAXNOTIFICATIONS/CIRCULARS Clarification on chargeability of Service tax on transactions between Joint Venture and its members The Central Board of Excise and Customs (the CBEC) vide Circular No. 179/5/2014- ST dated September



Clarification on Major issues pertaining to refund of Cenvat credit to Exporters

Posted by Bimal Jain 27 September 2014 15892 Views

Dear Professional Colleague, Clarification on Major issues pertaining to refund of Cenvat credit to Exporters We are sharing with you the recent judicial pronouncement of the Honble Bangalore CESTAT in the case of Apotex Research Pvt. Ltd. &am



Service tax refund not shown as receivable in Balance Sheet

Posted by Bimal Jain 25 September 2014 23949 Views

SERVICE TAX RECENT CASE LAWS Refund of Service tax on services not provided cannot be denied on ground that same was not shown as 'receivable' in Balance Sheet Radico Khaitan Ltd. Vs. Commissioner of Service Tax, Delhi [(2014) 48 taxmann.com



Notional interest can't be added in taxable value of service

Posted by Bimal Jain 22 September 2014 13748 Views

Dear Professional Colleague,Notional interest on the interest free security deposit cannot be added to the value of taxable services.We are sharing with you an important judgment of Honble CESTAT Mumbaiin the case of Murli Realtors Pvt. Ltd. a



Clarifications on mandatory pre-deposit for filing appeals under Service tax, Excise and Customs

Posted by Bimal Jain 18 September 2014 18624 Views

The Finance Act (No.2), 2014 (the Finance Act) has substituted new Section 35F of the Central Excise Act, 1944 (the Excise Act) which is also applicable for Service Tax vide Section 83 of the Finance Act, 1994 and Section



Notional interest on interest free security deposit cannot be added to the rent for levy of ST

Posted by Bimal Jain 17 September 2014 16451 Views

SERVICE TAX RECENT CASE LAWS Notional interest on interest free security deposit cannot be added to the rent for levy of service tax on renting of immovable properties Murli Realtors Pvt. Ltd. and others Vs. Commissioner of Central Excise Pune-II [



Cenvat credit available prior to service tax registration

Posted by Bimal Jain 11 September 2014 12705 Views

Dear Professional Colleague,Service provider is eligible to avail Cenvat credit on inputs/ input services prior to Service tax registrationWe are sharing with you an important judgment of the Honble CESTAT of New Delhi in the case of Actis Adv



Reimbursement expenses arent includible in assessable value of services

Posted by Bimal Jain 10 September 2014 17995 Views

SERVICE TAX RECENT CASE LAWS Cenvat credit on inputs/ input services received by an output service provider prior to obtaining Service tax registration is admissible Actis Advisers Pvt. Ltd. Vs. CST. -Delhi-IV [(2014) 9 TMI 182 - CESTAT New Delhi]



Cenvat credit on defective Goods return back to the factory

Posted by Bimal Jain 08 September 2014 19148 Views

Dear professional Colleagues We are sharing with you an important judgment of the Honble High Court of Bombay in the case of Commissioner of Central Excise, Meerut - I Vs. Bhushan Steel & Strips Ltd [(2014) 47 taxmann.com 253 (Allahabad)]



Cenvat credit not available on Tower Parts & Pre-fabricated

Posted by Bimal Jain 03 September 2014 6184 Views

Dear Professional Colleague,Cenvat credit not available on Tower Parts & Pre-fabricated buildingsWe are sharing with you an important judgment of the Honble High Court of Bombay in the case of Bharti Airtel Ltd. Vs. the Commissioner of Cen




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