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September 26, 2026   Case Laws Customs
Detention and demurrage waiver binds NVOCCs on customs-seized goods, with registration suspension possible for regulatory non-compliance.
September 26, 2026   Case Laws Customs
Tariff classification of Digital Axle Counters affirmed as electro-mechanical railway signalling equipment, eliminating duty, confiscation and penalty consequences.
September 26, 2026   Case Laws Money Laundering
PMLA bail conditions and speedy-trial protections support conditional liberty where prolonged undertrial detention becomes punitive.
September 26, 2026   Case Laws Money Laundering
Review of regular bail grants requires perversity or illegality, leaving bail in telephone-interception proceedings undisturbed.
September 26, 2026   Case Laws Service Tax
Pre-deposit refund cannot be appropriated toward penalties already set aside, and delayed refunds attract statutory interest under prior law.
September 26, 2026   Case Laws Service Tax
Larger Bench references require a genuine doubt and a live appeal, preventing advisory rehearing of settled refund issues.
September 26, 2026   Case Laws Indian Laws
Composite appeals from consolidated suits remain maintainable despite separate decrees when procedural defects in appeal memoranda are curable.
September 25, 2026   Notes Benami Property
Beneficial ownership depends on actual funding, holding and benefit, while formal invoices alone may not validate routed bank credits.
September 25, 2026   Notes Indian Laws
Betting on skill-based games remains within State legislative power when money is staked on uncertain outcomes.
September 25, 2026   Notes GST
Wrong-head GST payments require appropriation rather than duplicate payment and refund when aggregate liability was timely discharged.
September 25, 2026   Notes GST
GST appeal limitation: statutory condonation remains capped, while exceptional writ review may restore an unheard appeal.
September 25, 2026   Case Laws GST
Expansion of show cause notice at appellate stage requires a chance to respond before refund rejection is reconsidered.
September 25, 2026   Case Laws GST
Opportunity of hearing in GST first appeals requires restoration where dismissal for default followed inadequate hearing intimation.
September 25, 2026   Case Laws GST
Net ITC treatment protects zero-rated supply refunds from unrelated earlier-period compensation cess reversals under the statutory formula.
September 25, 2026   Case Laws GST
Net ITC under the statutory refund formula excludes prior-period reversals, preserving refund of unutilised cess credit.
September 25, 2026   Case Laws GST
Net ITC computation excludes reversals of earlier-period credit unrelated to the refund period under the statutory formula.
September 25, 2026   Case Laws GST
Statutory appellate-admission discretion permits refusal where the penalty falls within the prescribed monetary threshold for discretionary admission.
September 25, 2026   Case Laws GST
Procedural defect non-compliance can lead to appeal rejection after repeated opportunities to cure filing defects remain unused.
September 25, 2026   Case Laws GST
Agricultural warehousing exemption does not cover separately rented godowns; rent remains taxable, with reverse charge for unregistered lessors.
September 25, 2026   Case Laws GST
GST taxability of domestic aircraft supplies confirms taxable ex-works transfers require registration in the supplying State.

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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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