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CA Saurabh Chokhra

Latest Articles


Reversal of ITC attributable exempt supplies under Rule 42/43 of CGST Rules, 2017

Goods and Services Tax : Sec 17(2) of the CGST Act, 2017 provides that where the goods or services are used partly for effecting taxable supplies (includin...

April 30, 2020 409188 Views 12 comments Print

ITC eligibility on works contract and construction activities

Goods and Services Tax : It is important to determine whether property is movable or immovable as it is first and foremost thing which include or exclude t...

December 15, 2018 103137 Views 11 comments Print

Use of SUMIF function in excel

Goods and Services Tax : Writing an article to appraise readers, how they can use SUMIF in analyzing the financial data. Use of SUMIF in excel: ♠ SUMIF i...

September 16, 2018 15738 Views 0 comment Print

Amendments made in GST laws- a conversation between CFO & Indirect Tax Manager

Goods and Services Tax : Let’s understand the amendments made in the CGST and IGST Act by way of CGST & IGST Amendment Act 2018 assented to by the Pr...

September 2, 2018 5757 Views 1 comment Print

Understanding Determination of place of supply and connected issues in GST

Goods and Services Tax : Hello friends, Greetings of the day! In this article, the provisions of the place of supply has been discussed with examples. ♠ ...

August 25, 2018 26964 Views 4 comments Print


Latest Judiciary


Mark to Market Losses cannot be disallowed unless incurred in respect of speculative contracts

Income Tax : HC held that mark to market loss in respect of forward contracts claimed as loss from business income cannot be disallowed as the ...

January 28, 2017 2274 Views 0 comment Print

Non-supply of reasons to reopen assessment makes such notice bad in law

Income Tax : Bombay HC held that supplying of reasons for reopening assessment is a jurisdictional requirement and non-supplying of same when a...

January 23, 2017 3586 Views 1 comment Print

Subvention amount received from parent company is not a revenue receipt

Income Tax : SC held that amount received as subvention/grant from parent company by a loss making subsidiary cannot be considered as revenue r...

January 3, 2017 6832 Views 1 comment Print

Reference made to TPO without passing a speaking order is invalid

Income Tax : HC held that a reference to TPO can be made only after passing a speaking odder disposing off objections raised by assessee. In th...

January 1, 2017 2614 Views 0 comment Print

Unintentional errors in filling appeal should be overlooked and be disposed -off on merits

Income Tax : Bombay HC held that an unintentional error on the part of assessee while filling an appeal, more so when the department also acte...

December 28, 2016 3988 Views 0 comment Print


Time limit for initiation of penalty proceedings u/s 271D & 271E to be reckoned from date of JCIT Notice

October 6, 2015 13832 Views 0 comment Print

The Hon’ble Kerala High Court in the case of Grihalakshmi Vision held that the penalty proceeding under Sec 271D and 271E can be initiated by Joint commissioner only and the limitation period of six months to be reckoned from the end of month of initiation of penalty proceedings by Joint

Incomes chargeable to tax U/s. 172 cannot be subject to TDS under chapter XVII-B

September 29, 2015 9970 Views 0 comment Print

The Hon’ble Bombay HC in the case of CIT vs. Dempo and Co. P. Ltd that when the non- resident payee is assessable under special provisions contained in Sec 172 , then the payer cannot be made responsible for deducting tax at source on the payments made to non-resident.

Recovery of out of pocket costs incurred by society from ultimate beneficiaries of grant not taxable in the hands of society

September 24, 2015 485 Views 0 comment Print

The ITAT Chandigarh in the case of Haryana Renewable Energy held that recovery of a part of cost from ultimate customers by the society working for funding the projects from government grant being in nature of reimbursements cannot be taxed in the hands of society.

Addition for low GP ratio cannot be made if it is consistent with previous Years without any change in factual position

September 24, 2015 1225 Views 0 comment Print

Satish Agarwal vs. DCIT- ITAT Jaipur placed reliance on decision of Hon’ble Rajasthan HC in the case of CIT Vs. Inani Marbles Pvt. Ltd. (2009) 316 ITR 125 (Raj) wherein the court held that in absence of any change in the factual position normally the profit rate declared and accepted in the preceding year constitute a good basis of working out the profits.

Disallowance U/s. 40(a)(ia) justified for deduction of TDS under wrong section :HC

September 22, 2015 9351 Views 0 comment Print

The Hon’ble Kerala HC in in the case of CIT vs. M/s P V S Memorial Hospital Ltd. held that deduction of TDS under a wrong section amounts to non-compliance with the provisions of Chapter XVII-B which results in applicability of section 40(a)(ia) where the payments get disallowed and action u/s 201(1).

Mere Tax deduction under any Head cannot be determinative of true character of payee’s income- HC

September 22, 2015 492 Views 0 comment Print

In case of Kottinatu Transporters vs. CIT, The Hon’ble Kerala HC by disposing off write petition held that the tax deduction under a heading by payer, it cannot be determinative of character of income of payee.

Second Proviso to Sec 40(a)(ia) being not curative by nature does not have retrospective effect: HC

September 22, 2015 1036 Views 0 comment Print

The Hon’ble Kerala HC in the case of Thomas George Muthoot vs. CIT held that the second proviso to sec 40(a)(ia) is not curative by nature , the same is an additional remedy to provide non-disallowance in certain tax deduction default cases.

Photocopy of a document is acceptable evidence in income tax assessment proceedings

September 17, 2015 8408 Views 0 comment Print

Punjab & Haryana High Court in the case of Vikrant Dutt Chaudhary Vs. CIT held that photocopy of a document will always constitute relevant “material” for the purpose of assessment because the very use of word material in sec 143(3) clearly shows that the AO is not bound by the technical rules of evidence

Income already assessed in the hands of third party cannot be re-assessed in the hands of assessee

September 17, 2015 2010 Views 0 comment Print

The Hon’ble Kerala HC in the case of Jose Kuruvinakunnel vs. CIT held that the I.T Act does not envisage double taxation and assessment should be in the hands of the right person and that there cannot two assessments for the same income.

Payment can be considered as interest only when it is in respect of pre-existing debt obligation

September 17, 2015 1460 Views 0 comment Print

The Hon’ble Kerala HC in the case of Beacon Projects Private Limited held that a sum paid can be termed as interest only when the same is paid in respect of a pre-existing debt obligation and there existed a debtor-creditor relationship.

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