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September 29, 2026   Circulars Customs
Mandatory compliance verification before out-of-charge requires prescribed import documents for cosmetics, drugs and medical devices on e-SANCHIT.
September 29, 2026   Circulars Customs
ICD-bound container scanning shifts to mobile scanners, requiring terminal-level clearance checks and weekly compliance reporting.
September 29, 2026   Circulars IBC
PGIRP Filing Deadline Extension Defers Penalties for Delayed or Modified Personal Guarantor Insolvency Resolution Process Forms
September 29, 2026   Case Laws Income Tax
Natural justice in transfer pricing requires personal hearings and reasoned consideration of written objections before determinations are made.
September 29, 2026   Case Laws GST
Project-level anti-profiteering methodology treats actual post-GST ITC gains as buyer benefits, including consequential GST and interest.
September 29, 2026   Case Laws GST
Effective GST personal hearings require reply time to expire first; premature scheduling invalidates adjudication and requires fresh proceedings.
September 29, 2026   Case Laws GST
Statutory stay on GST recovery requires review of claimed appellate deposits and refund or recredit of excess recovery.
September 29, 2026   Case Laws GST
GST adjudication limits: demands and penalties cannot exceed the show-cause notice, requiring fresh adjudication when statutory limits are breached.
September 29, 2026   Case Laws GST
Fresh GST adjudication follows claimed tax discharge and overlapping demands, conditional on payment of previously assessed interest and penalties.
September 29, 2026   Case Laws GST
Expired e-way bills alone cannot support detention and penalty where invoices, verification and absence of tax evasion show compliance.
September 29, 2026   Case Laws GST
Mandatory employee canteens: recoveries avoid GST, while input tax credit is limited to the employer-borne cost.
September 29, 2026   Case Laws Income Tax
Clean-slate corporate sales prevent reassessment for extinguished liabilities, while section 148A orders cannot add unnotified allegations.
September 29, 2026   Case Laws Income Tax
Good faith and due diligence under Explanation 7 protect transfer pricing positions involving debatable TNMM application differences.
September 29, 2026   Case Laws Income Tax
Audit-report timing: Form 10B filed within an extended return deadline preserves charitable-trust exemption despite rejected condonation.
September 29, 2026   Case Laws Income Tax
Beneficial ownership of State funds excludes interest taxation, while project-transfer signature bonuses remain business revenue receipts.
September 29, 2026   Case Laws Income Tax
Parallel reassessment on identical search-assessment additions was quashed because it would directly affect pending tax appeals.
September 29, 2026   Case Laws Income Tax
SEZ-unit profit deduction covers voluntary transfer-pricing adjustments, while exempt-income costs, foreign-exchange loss and ITeS comparables are examined.
September 29, 2026   Case Laws Income Tax
Specificity in search-penalty notices is essential: failure to state the applicable charge and rate invalidates the proceedings.
September 29, 2026   Case Laws Income Tax
Inadequate TDS inquiry into commission expenditure can justify revision where material discrepancies remain unexplained after generic verification.
September 29, 2026   Case Laws Income Tax
Ad Hoc Disallowance of Livestock Purchases Fails Without Identified Defects or Evidence of Non-Genuine Transactions.

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Home › Highlights › VAT and Sales Tax › 2019 › August, 2019 › This
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VAT and Sales Tax

Whether the expression ‘shall’ partakes the character of ‘may’ de...

Understanding "Shall" as "May" in Rule 20(2): Flexibility Over Mandate Based on Legislative Intent.

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VAT and Sales Tax August 13, 2019 Case Laws HC
Whether the expression ‘shall’ partakes the character of ‘may’ depends upon the intent of legislation, which requires to be achieved not only from the phraseology of the provision, but considering its nature, design and the consequences. Applying this principle, the word ‘shall’ used in rule 20(2) requires to be read as ‘may’
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