Articles by Bimal Jain

First Report of the Tax Administration Reform Commission (TARC)

Bimal Jain 20 June 2014 at 13:07

The Government had constituted Tax Administration Reform Commission (the TARC) headed by Dr. Parthasarathi Shome, in August 2013, to suggests core reforms to the tax adminis

Treatment of Service Tax - When Paid on Demand by Dept.

Bimal Jain 16 June 2014 at 12:27

Service tax paid by Service provider, on being pointed out by Department, can be treated as business expenditureWe are sharing with you an important judgment of the Honble High Court of Gujarat in the case of Commissioner of Income Tax-III Vs.

Marketing Services provided to Foreign Principals is Export

Bimal Jain 02 June 2014 at 11:13

Services provided to Foreign Principals for marketing their products in India qualify as an export of service We are sharing with you an important judgement of the Honble CESTAT, Delhi, in the case of Commissioner of Service Tax, Delhi Vs. Men

Unjust Enrichment not Satisfied When Refund debited as Expenditure

Bimal Jain 27 May 2014 at 13:15

Test of unjust enrichment not satisfied where refund amount is shown as expenditure and not as claims receivableWe are sharing with you an important judgment of the Honble Mumbai CESTAT in the case of Hindustan Petr

SC explains distinction b/w Sales and Works contract

Bimal Jain 19 May 2014 at 12:07

Dear Professional Colleague,SC explains distinction between Contract for sale of goods and Works contract We are sharing with you an important judgement of the Honble Supreme Court of India, in the case of Kone Elev

VCES - ST paid after 1-3-2013 but before 10-5-2013

Bimal Jain 08 May 2014 at 11:26

Dear Professional Colleague,Service Tax paid after March 1, 2013 but before enactment of VCES on May 10, 2013 Should be considered as paid under VCESWe are sharing with you an important judgment of the Honble Gujarat High Court in the

No retrospective effect on non bailable offences under ST

Bimal Jain 02 May 2014 at 11:12

Dear Professional Colleague,Non Bailable offences under Service Tax do not have retrospective effect We are sharing with you an important judgement of the Honble High Court of Calcutta, in the case of Sudip Das, {[2014] 44 taxmann.com 48 (Calc

Exemption Notification cannot be forced upon assessee

Bimal Jain 21 April 2014 at 12:19

Dear Professional Colleague,Exemption Notification cannot be forced upon assessee No legal bar on paying duty & availing benefit of Modvat schemeWe are sharing with you an important judgement of the Honble High Court of Delhi, in t

Services performed in India for SR located abroad- Exports

Bimal Jain 03 April 2014 at 11:57

Dear Professional Colleauges,Services performed in India for a service recipient located abroad are export of servicesWe are sharing with you an important judgment of the Honble CESTAT, New Delhi in the case of Gap International Sourcing (Indi

No Service Tax leviable on Chit Fund Business

Bimal Jain 11 March 2014 at 12:14

Dear Professional Colleague,Chit fund business constitutes transaction in money and not liable to service taxRecently, the Honble Supreme Court of India, dismissed the SLP filed by the Union of India against the judgment of the H