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    July 9, 2026   Case LawsIncome Tax
    Representative assessee rules require trust income or loss to be determined first before a beneficiary claims trust losses.
    July 9, 2026   Case LawsIncome Tax
    Defective penalty notice and bona fide explanation defeat misreporting penalty for non-claim of deduction under section 270A.
    July 9, 2026   Case LawsIncome Tax
    Section 68 unsecured loan disputes: identity, creditworthiness and genuineness suffice, and source of source was not required earlier.
    July 9, 2026   Case LawsIncome Tax
    Section 14A and banking income: exempt bond interest, broken period interest, mutuality receipts, and SLR default deduction clarified.
    July 9, 2026   Case LawsIncome Tax
    Fixed place and dependent agent PE rejected for offshore car sales; Indian tax addition set aside
    July 9, 2026   Case LawsIncome Tax
    No estoppel against law: fresh claim on software distribution receipts was entertainable, with royalty taxability remanded for verification.
    July 9, 2026   Case LawsIncome Tax
    Political donation deduction under section 80GGC sustained absent proof of refund or direct nexus with benefit.
    July 9, 2026   Case LawsIncome Tax
    Depreciation on goodwill and overdue receivables pricing: goodwill deduction allowed, notional interest adjustment deleted in amalgamation dispute.
    July 9, 2026   Case LawsBenami Property
    Benami cash conversion through fake gold sale was rejected; documentary inconsistencies and no prejudice from cross-examination issue.
    July 9, 2026   Case LawsBenami Property
    Benami share transfer principles applied where transferor funded acquisition, retained control, and provisional attachment was restored.
    July 9, 2026   Case LawsBenami Property
    Disclosure of prior PMLA attachment defeats challenge to PBPT provisional attachment, with alternate statutory route upheld.
    July 9, 2026   Case LawsCustoms
    Alternative statutory remedy limits writ review in anti-dumping findings; merits disputes go to the tribunal
    July 9, 2026   Case LawsCustoms
    Proportionality limits custodianship revocation under customs rules despite employee misconduct, with penalty sustained for security lapses.
    July 9, 2026   Case LawsIBC
    Continuing personal guarantee remains enforceable despite resignation, renewal of facilities, claimed novation, or alleged revocation
    July 9, 2026   Case LawsIBC
    CIRP information disclosure permits a resolution professional to seek mall revenue records without deciding ownership or contractual rights.
    July 9, 2026   Case LawsIBC
    Res judicata bars collateral attacks on unimplemented resolution plans; belated payment proposals cannot defeat liquidation.
    July 9, 2026   Case LawsService Tax
    Actual receipt of order-in-original governs appeal limitation; income-tax data alone cannot sustain extended service tax demand.
    July 9, 2026   Case LawsIndian Laws
    Promissory note presumption of consideration survives blank-signature and income-tax non-disclosure objections when admissions and attesting evidence ...
    July 8, 2026   CircularsSEBI
    IPF income utilisation norms revised for depositories, with 95% to be ploughed back and a 5% expense cap
    July 8, 2026   CircularsCustoms
    SEZ courier import automation streamlines manifest filing, validation, X-ray, exit scan and goods registration under integrated customs systems.
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    July 9, 2026   Case Laws Income Tax
    Representative assessee rules require trust income or loss to be determined first before a beneficiary claims trust losses.
    July 9, 2026   Case Laws Income Tax
    Defective penalty notice and bona fide explanation defeat misreporting penalty for non-claim of deduction under section 270A.
    July 9, 2026   Case Laws Income Tax
    Section 68 unsecured loan disputes: identity, creditworthiness and genuineness suffice, and source of source was not required earlier.
    July 9, 2026   Case Laws Income Tax
    Section 14A and banking income: exempt bond interest, broken period interest, mutuality receipts, and SLR default deduction clarified.
    July 9, 2026   Case Laws Income Tax
    Fixed place and dependent agent PE rejected for offshore car sales; Indian tax addition set aside
    July 9, 2026   Case Laws Income Tax
    No estoppel against law: fresh claim on software distribution receipts was entertainable, with royalty taxability remanded for verification.
    July 9, 2026   Case Laws Income Tax
    Political donation deduction under section 80GGC sustained absent proof of refund or direct nexus with benefit.
    July 9, 2026   Case Laws Income Tax
    Depreciation on goodwill and overdue receivables pricing: goodwill deduction allowed, notional interest adjustment deleted in amalgamation dispute.
    July 9, 2026   Case Laws Benami Property
    Benami cash conversion through fake gold sale was rejected; documentary inconsistencies and no prejudice from cross-examination issue.
    July 9, 2026   Case Laws Benami Property
    Benami share transfer principles applied where transferor funded acquisition, retained control, and provisional attachment was restored.
    July 9, 2026   Case Laws Benami Property
    Disclosure of prior PMLA attachment defeats challenge to PBPT provisional attachment, with alternate statutory route upheld.
    July 9, 2026   Case Laws Customs
    Alternative statutory remedy limits writ review in anti-dumping findings; merits disputes go to the tribunal
    July 9, 2026   Case Laws Customs
    Proportionality limits custodianship revocation under customs rules despite employee misconduct, with penalty sustained for security lapses.
    July 9, 2026   Case Laws IBC
    Continuing personal guarantee remains enforceable despite resignation, renewal of facilities, claimed novation, or alleged revocation
    July 9, 2026   Case Laws IBC
    CIRP information disclosure permits a resolution professional to seek mall revenue records without deciding ownership or contractual rights.
    July 9, 2026   Case Laws IBC
    Res judicata bars collateral attacks on unimplemented resolution plans; belated payment proposals cannot defeat liquidation.
    July 9, 2026   Case Laws Service Tax
    Actual receipt of order-in-original governs appeal limitation; income-tax data alone cannot sustain extended service tax demand.
    July 9, 2026   Case Laws Indian Laws
    Promissory note presumption of consideration survives blank-signature and income-tax non-disclosure objections when admissions and attesting evidence prove execution
    July 8, 2026   Circulars SEBI
    IPF income utilisation norms revised for depositories, with 95% to be ploughed back and a 5% expense cap
    July 8, 2026   Circulars Customs
    SEZ courier import automation streamlines manifest filing, validation, X-ray, exit scan and goods registration under integrated customs systems.

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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 TaxAugust 13, 2019Case LawsHC
      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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