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September 30, 2026   Case Laws IBC
One-time settlement during liquidation does not change statutory distribution, and guarantors gain no creditor priority without debt assignment.
September 30, 2026   Case Laws IBC
CoC-approved eligibility criteria must precede Form G, while expired CIRP without a resolution plan requires liquidation.
September 30, 2026   Case Laws FEMA
FEMA borrowing restrictions bind charitable trusts, and civil penalties apply without proving intent for delayed repayment of non-resident rupee loans.
September 30, 2026   Case Laws Money Laundering
Property-attachment appeal documents relevant to continuing attachment must be admitted, while costs survive for belated production.
September 30, 2026   Case Laws Money Laundering
PMLA property retention permits prima facie proceeds-of-crime inquiry beyond accused ownership, absent prejudice from defective notice service.
September 30, 2026   Case Laws Central Excise
Excise manufacture test for modified vehicles requires fresh findings; intentional suppression alone permits extended limitation and penalties.
September 30, 2026   Case Laws Companies Law
Oral corporate agreements remain valid where no statutory writing requirement applies; disputed representative authority requires evidence, not threshold rejection.
September 29, 2026   Circulars Customs
Customs assessment repository centralises rulings, decisions and advisories to promote uniform classification, valuation and informed trade compliance.
September 29, 2026   Circulars Customs
International LCL transshipment permission renewed subject to continuing compliance with customs procedures and cargo handling regulations.
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.

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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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Acts Income Tax
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