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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 103128 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 26961 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


Reopening of completed assessments not justified in the event of true & full disclosure by assessee

August 5, 2015 367 Views 0 comment Print

The Hon’ble Delhi High Court in the case of HCL Technologies Ltd. held that completed cannot be reopened after the expiry of four years from the end of relevant assessment year unless the income escaped from tax is attributable to assessee’s failure to disclose full & true disclosure of the facts.

Realization of export sale proceeds within a definite time frame is not a pre-condition to claim refund under Rule 5

August 5, 2015 1375 Views 0 comment Print

The CESTAT New Delhi in the case of P&P Overseas held that the realization of export sale proceeds within a definite time-frame is not a pre-condition for claiming refund of unutilized Cenvat credit under Cenvat Credit Rules , 2004 .

Provision for losses in ordinary business course on scientific basis is allowable

August 5, 2015 633 Views 0 comment Print

The ITAT Delhi in the case of Seagram Distilleries Pvt. Ltd concluded that the provision for losses in the ordinary course of business can be allowed if the provisions are made on scientific basis. Thus, the provision in respect of breakage losses is allowable as the same have been measured scientifically taking into account the past business experience.

Utility to Calculate Depreciation as per Companies Act 2013

August 5, 2015 126176 Views 12 comments Print

Automated excel utility for calculating depreciation as per Companies Act,2013(Schedule II). Features of the utility: 1.It can calculate individual asset WDV as on 01.04.2014 as well as current year depreciation. 2.It is useful for SLM method and only for other than specific industries (i,.e. for SME only) 3.Compatible in MS Office 2010 and upwards only. […]

Revised return with same info is furnishing of inaccurate particulars

July 31, 2015 860 Views 0 comment Print

The ITAT Chennai in the case of DCIT vs. M/s. Rattha Citadines held that relying on the same information as available on the date of filing original return of income in filling revised return but making a different claim , in the absence of assessee’s bonafide expenditure would be deemed as furnishing of inaccurate particulars of income making assessee liable to face penalty u/s 271(1)(c).

Department cannot take different view on same issue in absence of change in facts

July 28, 2015 3658 Views 0 comment Print

The Hon’ble Delhi High Court in the case of CIT vs. Om Prakash Khaitan held that In the absence of change in system of accounting consistently followed by the assessee and accepted by the department, the department cannot take different stand for the subsequent years.

Sec. 9(1)(vii) Commission for procuring order & recovering payments is not a Technical services

July 28, 2015 1970 Views 0 comment Print

ITAT Lucknow in the case of ACIT vs. M/s Northern Tannery held that The commission paid to the non- resident agent for procuring order and recovering payments on the behalf of assessee could not be treated

Refund of excise and custom duties on Purchase of Raw Material and Capital Equipment used in Capital WIP is Capital Receipt

July 28, 2015 1453 Views 0 comment Print

Delhi High Court in the case of Maithon Power Ltd. vs. CIT held that The expenditure incurred to set up operations forms the part of capital work in progress and thus, the subsequent reimbursement of any part thereof would be a capital receipt which will get reduced from the amount capitalized under the capital WIP.

Penalty order passed after 6 Months of ITAT confirmation is time barred

July 27, 2015 2520 Views 0 comment Print

The ITAT ,Delhi in the case of. ITO vs. Pandit Vijay Kant Sharma concluded that The limitation period of six months and not one year is applicable in case the penalty order is passed by the AO pursuant to confirmation of penalty by the tribunal

Transfer of beneficially held asset taxable as capital gains and not under other sources

July 27, 2015 1147 Views 0 comment Print

The tribunal in the verdict of Shailendra H. Bhatia vs. ITO concluded that Transfer of possession with the ownership rights confer beneficial ownership which is good enough to hold the asset as capital asset

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