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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 403560 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 99669 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 15240 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 5724 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 26745 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 2247 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 3538 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 6628 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 2575 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 3835 Views 0 comment Print


Interest not leviable if differential duty paid by 5th of following month under Packing Machine Rules, 2008

April 15, 2016 787 Views 0 comment Print

CESTAT held that in case of increase in the number of operating packing machines in the factory during the month on account of addition or installation of packing machines, the differential duty amount, if any, shall be paid by the 5th day of the following month.

Acceptance of letters without acknowledgment is unacceptable: HC

April 13, 2016 3148 Views 0 comment Print

HC held that income tax officer to whom an application is made should give an acknowledgment of having received and accepted the application on face if the same is found in prescribed manner with prescribed details.

Recovery proceedings Initiation before stay application disposal is illegal

April 10, 2016 3214 Views 0 comment Print

High Courtheld that the any action of revenue to recover taxes adopting coercive means is not permissible till the assessee’s application for stay under section 220(6) of the Act is disposed of. Further, an application for stay should be disposed off by a speaking order.

Vehicles sales concludes at a place where registration takes place

April 3, 2016 5272 Views 0 comment Print

It is been held that in case of motor vehicles the registration and sale is a co-terminus activity. Thus, the place of registration is deemed as place at which sale gets concluded. Accordingly, the sales tax has to be paid as per the law in force in the state/Union Territory at which sales so concludes.

Deliberate suspicious trading ignorance by brokers to attract penalty

March 31, 2016 1525 Views 0 comment Print

Broker and sub-broker would be liable to face proceedings under FUTP regulations due to their deliberate ignorance of constant suspicious trading transactions executed on the behalf of clients. In the present case, the brokers executed transaction on behalf of their clients in illiquid scrip in short span of time that too for a long period of time.

Service tax on admission to amusement facilities is constitutional

March 22, 2016 2773 Views 0 comment Print

Kerala High Court held that levy of service tax on admission to amusement facilities do not result into any trenching of Union Parliament on power conferred on State as two aspects taxed by respective legislatures are ‘service’ and ‘amusement’ and no law is invalid in taxing its respective aspect even when same activity being getting taxed twice under two different laws.

S.68 Assessee only required to provide evidence of identity & transactions

March 21, 2016 3385 Views 0 comment Print

The Jaipur bench of ITAT in the above cited case held that the assessee is only expected to produce the documentary evidences regarding the transaction and identity of the persons from whom it has accepted the deposits.

Enduring benefit test cannot be applied mechanically on software expenses

March 18, 2016 3424 Views 0 comment Print

HC held that application software is an aid in the business operations rather than the tool itself. Therefore, the payment for such application software, though there is an enduring benefit, does not result in acquisition of any capital asset and it merely enhances the productivity or efficiency and hence, has to be treated as revenue expenditure.

Consistent treatment made by assessee of share transactions cannot be disturbed by revenue

March 18, 2016 1865 Views 0 comment Print

The ITAT Bench Jaipur in the above cited case held that as per CBDT circular 6/2016 dated 29.02.2016 , if the assessee has treated the securities as investment and not as stock in trade earlier years,the revenue is not permitted to take a contrary view in the present year to claim that the security is stock in trade

Eligible business profits to be computed as per law & not as per treatment by assessee in its books

March 1, 2016 21315 Views 0 comment Print

The ITAT Bench Cochin held that the assessee would be entitled to deduction u/s 80 IB(7) if its incomes are derived from eligible business irrespective of the manner in which the entries in the books of account are maintained.