Articles 22nd May 2021
It is well-settled that charging provisions of tax statutes are to be interpreted in a strict and literal manner, whereas machinery sections are not subject to a rigorous construction. In this context, it is interesting to note that the word ‘shall’ is not conclusive as to the mandatory nature of a provision.
In their article for Taxsutra, Darshan Bora (Partner) and Samyuktha Srinivasan (Associate) illustrate through various case laws, different scenarios wherein the word ‘shall’ appearing in a tax statute has been interpreted by Courts to read as directory and not mandatory.
Read the detailed article here – Click here
As per the rules of the Bar Council of India, lawyers and law firms are not permitted to solicit work or advertise. By clicking on the "I Agree" button, you acknowledge and confirm that you are seeking information relating to Economic Laws Practice (ELP) of your own accord and there has been no advertisement, personal communication, solicitation, invitation or any other inducement of any sort whatsoever by or on behalf of ELP or any of its members to solicit any work through this website.
