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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 409167 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 103116 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


Assessment proceedings invalid against company which got amalgamated with other company on a date prior to search

September 11, 2016 1771 Views 0 comment Print

High court held that assessment proceedings to be invalid against the assessee in those cases where the assessee ceased to have legal existence on account of amalgamation with another entity on a date even prior to search. Because when the assessee ceased to have existence even on the date of search, no notice as a result of search can be issued in its name.

Surplus/Savings arising on prepayment of deferred sales tax not taxable u/s (iv)

September 4, 2016 1066 Views 0 comment Print

The ITAT Mumbai in the above cited case held that the surplus/savings arising on prepayment of deferred cannot be taxed u/s 28(iv) as by making prepayment of a future liabity at present value no monetary benefit arises to assessee as the savings it made by prepayment would get set off against the interest it loses by making prepayment.

S. 80IB deduction conditions to be fulfilled in all years of deduction claim

September 2, 2016 2338 Views 0 comment Print

Deduction U/s. 80IB is allowable over a period of 6 years which follows that conditions for claiming deduction must remain fulfilled in all years for which deduction being claimed

University not wholly or substantially financed by govt not eligible for exemption u/s 10(23)(iiiab)

August 31, 2016 2611 Views 0 comment Print

Honorable ble Supreme court held that Visveswaraiah Technological University being not wholly or substantially financed by government is not entitled to claim exemption u/s 10(23)(iiiab). Further, the fees collected by the University as per prescribed govt. norms cannot be said to finance provided by govt. Therefore, assistance by govt. by way of loans, grants and subsidies only to be considered as financing from it.

Information which is otherwise available in public domain cannot be considered as confidential

August 29, 2016 5623 Views 0 comment Print

Delhi HC in the above cited case held that an employee cannot be restrained from competing with its former employer provided he/she is not using the confidential information of employer.

Section 234E Late TDS return fees invalid for periods prior to 01.06.2015

August 26, 2016 9312 Views 1 comment Print

HC held that since before 01.06.2015 section 234E providing for late fee for delay filling of TDS returns was not linked to / not referred under Sec 200A processing of TDS returns. As a result of this the late fee charge was invalid and illegal.

Cost of amenities paid under unregistered agreement forms part of cost of acquisition of flat

August 25, 2016 13595 Views 0 comment Print

ITAT Mumbai held that the cost of acquisition of flat shall include the cost of amenities even when the agreement requiring the flat purchaser to pay such cost is not registered and no stamp duty paid on amenities cost.

High frequency & volume in share deals with short holding period is trading activity

August 15, 2016 4604 Views 1 comment Print

Bombay HC in the above cited case held that when the assessee’s volume of purchasing and selling shares is quite high with higher frequency of buying and selling with holding 75 days or less then its prima facie indicate that it is engaged in trading of shares unless assessee provide a sound reasoning that why transactions should not be considered as trading activity.

Reimbursement of seconded employees’ salaries to seconding company not subject to TDS

August 11, 2016 8055 Views 0 comment Print

The ITAT Mumbai in the above cited case held that reimbursement of secondment expensed by assessee to the company seconding its employees to assessee is not subject to TDS as the employer-employee relationship for all legal purposes subsist between seconding company and seconded employees for which seconding company is liable

Recognition of income on accrual basis to be considered from view point of a prudent assessee

August 3, 2016 20467 Views 0 comment Print

The Hon’ble Bombay High Court in the above cited case held that even in mercantile system of accounting an item would be regarded as accrued income only if there is certainty of receiving it and not when it has been waived. Earning of the income, whether actual or notional, has to be seen from the viewpoint of a prudent assessee.

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