Judgements by Bimal Jain
View Full Profile
The Hon'ble Bombay High Court in Commissioner of Customs (Import) v. Dinesh BhabootmalSalecha [CUSTOM APPEAL (L) NO. 20820 OF 2022 dated September 8, 2022] held that for the interim release of goods under Section 110A of the Customs Act, 1962 ("the C
The Hon'ble Customs, Excise & Service Tax Appellate Tribunal, New Delhi ("the CESTAT") in the matter of Sky Airways v. Commissioner of Customs (Appeals), New Delhi [Final Order No. 50715 of 2022 dated August 12, 2022] dismissed the appeal stating tha
Exporters cannot be denied the MEIS benefit due to technical errorin the electronic system
Bimal Jain 12 September 2022 at 16:23
The Hon’ble Madras High Court in M/s Gupta Hair Products (P) Ltd. V the Additional Director General of Foreign Trade [W.P.No.25860 of 2021 dated July 7, 2022] held that, due to technical error or lacunae in the electronic system, exporters cannot be
Expiration of e-way bill and minor negligence will not amount to tax evasion
Bimal Jain 12 September 2022 at 16:23
The Hon'ble Madhya Pradesh High Court in M/S Daya Shanker Singh v. State of Madhya Pradesh [Writ Petition No. 12324 of 2022, dated August 10, 2022] directed the assessing authority to refund back the penalty charged from the assessee because of the m
Amusement Park rides cannot be classified as Motor Vehicle, will attract GST @18%
Bimal Jain 07 September 2022 at 09:38
The AAR, Karnataka in the matter of M/s KNK Karts (P) Ltd [Advance Ruling No. KAR ADRG 20/2022 dated August 12,2022] has held that the amusement park ride karts ("the Product") cannot be classified as Motor Vehicle and will attract GST @ 18% under HS
Refund on Extra Duty Deposit should be automatic under the Customs Act
Bimal Jain 06 September 2022 at 17:38
The CESTAT, Ahmedabad in the matter of M/s China Steel Corporation India Pvt Ltd v. C.C.-Ahmedabad [Final Order No. A/ 10817 /2022 dated July 26,2022] has held that the assessee would be entitle to automatic refund of Extra Duty Deposit ("the EDD") w
One line order dismissing the appeal on ground of delay in submission is invalid
Bimal Jain 27 August 2022 at 16:55
The Hon’ble Calcutta High Court in the matter of M/s Usha Gupta v. The Assistant Commissioner of State Tax [WPA 17530 OF 2022 dated August 10, 2022] has set aside the order and remanded the matter back to the revenue department on the ground that the
The CESTAT, Mumbai in the matter of M/s Oil States Industries India Pvt. Ltd v. Commissioner of CGST & Central Excise, Raigad [FINAL ORDER NO. A/85680 / 2022 dated August 5, 2022] has held that the assessee is entitled to get cash refund, if any, aga
Ex-parte Order are violative of principles of natural justice
Bimal Jain 27 August 2022 at 16:29
The Hon'ble High Court, Patna in the matter ofM/s G. Power Solution v. State of Bihar [Civil Writ Jurisdiction Case No. 11384 of 2022 dated August 17, 2022]set aside the order passed by the revenue department for denying Input Tax Credit ("ITC"), rai
The Hon'ble Supreme Court, India in the matter of Union of India v. Ganpati Dealcom (P.) Ltd [Civil Appeal No. 5783 of 2022 dated August 23, 2022] has held that the revenue department cannot initiate criminal proceedings for transactions entered into
CAclubindia
