Issues: (i) Whether stamp duty on a Government mining lease is to be computed on dead rent or anticipated royalty; (ii) Whether the 1993 circular prescribing estimation of royalty for stamp-duty purposes is invalid.

Issue (i): Whether stamp duty on a Government mining lease is to be computed on dead rent or anticipated royalty.

Analysis: Section 26 of the Indian Stamp Act, 1899 applies where the value of an instrument's subject matter cannot be ascertained at execution. Its mining-lease proviso specifically permits stamp duty to be assessed on royalty estimated as likely to be payable to the Government. Royalty varies with the quantity of mineral extracted, whereas dead rent is a fixed minimum payment determined by the leased area. Form K under the Mineral Concession Rules, 1960 expressly adopts anticipated royalty for stamp-duty purposes. Article 33(a) of Schedule 1-A did not displace this statutory lease stipulation.

Conclusion: Stamp duty is payable on anticipated royalty estimated in accordance with the mining-lease proviso, and not solely on dead rent. This issue is decided against the assessee.

Issue (ii): Whether the 1993 circular prescribing estimation of royalty for stamp-duty purposes is invalid.

Analysis: The circular requires the highest applicable basis among the production quantities stated in the application, the prescribed schedule quantity, and dead rent for estimating royalty. It does not make dead rent the exclusive measure. The estimation mechanism accords with Section 26 of the Indian Stamp Act, 1899 and the statutory Form K lease terms.

Conclusion: The 1993 circular is not ultra vires. This issue is decided against the assessee.

Final Conclusion: The statutory scheme requires valuation of the mining lease for stamp-duty purposes by reference to estimated anticipated royalty, preserving the State's entitlement to duty on the lease's anticipated economic value.

Ratio Decidendi: For a Government mining lease whose value is indeterminate at execution, the specific proviso to Section 26 of the Indian Stamp Act, 1899 governs stamp-duty valuation through estimated anticipated royalty; dead rent is only a minimum payment and not the exclusive valuation basis.

Issues: (i) Whether Cenvat credit and consequential refund could be denied for service tax paid under reverse charge on the basis of TR-6 challans by invoking Rule 9(1)(bb); (ii) Whether refund under Notification No. 5/2006-C.E. (N.T.) was required to be computed on gross eligible credit earned during the quarter rather than the closing balance; (iii) Whether refund could be rejected for non-production of invoices when the invoices were subsequently produced.

Issue (i): Whether Cenvat credit and consequential refund could be denied for service tax paid under reverse charge on the basis of TR-6 challans by invoking Rule 9(1)(bb).

Analysis: Rule 9(1)(e) of the Cenvat Credit Rules, 2004 recognises a challan evidencing service-tax payment by the person liable under reverse charge as a valid credit document. Rule 9(1)(bb) was introduced after the relevant refund period and, in any event, concerns supplementary invoices, bills or challans issued by a provider of output service; it did not govern credit availed by a recipient on TR-6 challans for tax paid under reverse charge.

Conclusion: Denial of refund relating to reverse-charge credit was unsustainable, in favour of the assessee.

Issue (ii): Whether refund under Notification No. 5/2006-C.E. (N.T.) was required to be computed on gross eligible credit earned during the quarter rather than the closing balance.

Analysis: The prescribed refund formula required application of the export-turnover ratio to the eligible Cenvat credit earned during the relevant quarter. Applying the ratio to the closing balance was inconsistent with that formula and resulted in excess rejection.

Conclusion: The computation-based rejection was unsustainable; refund must be recomputed on the eligible quarterly credit, in favour of the assessee.

Issue (iii): Whether refund could be rejected for non-production of invoices when the invoices were subsequently produced.

Analysis: The invoices were placed on record before the Tribunal. A technical lapse in their earlier production could not defeat substantive eligibility; verification of the invoices was required to determine compliance with statutory requirements.

Conclusion: The invoice-related claim was remitted for verification and consequential refund upon satisfaction of statutory requirements, in favour of the assessee.

Final Conclusion: The reverse-charge credit and the corrected refund computation were recognised, while the invoice-supported component requires departmental verification before consequential relief.

Ratio Decidendi: Credit validly availed on challans evidencing service-tax payment under reverse charge cannot be denied under a later-introduced provision governing supplementary documents issued by output service providers, and refund must follow the applicable statutory formula.

Issues: (i) Whether a driver's statement recorded on a plain sheet rather than Form GST MOV-01 could be relied on as evidence; (ii) Whether the appellate order could be sustained without addressing the material grounds raised in appeal.

Issue (i): Whether a driver's statement recorded on a plain sheet rather than Form GST MOV-01 could be relied on as evidence.

Analysis: The prescribed GST procedure requires the statement of the driver or person in charge to be recorded in Form GST MOV-01. The compliance affidavit produced a statement recorded on a plain sheet. Such a document, not recorded in the prescribed form, carried very little evidentiary value. The appellate order also contained no discussion of the statement or its contents.

Conclusion: The plain-paper statement of the driver had very little evidentiary value; in favour of the assessee.

Issue (ii): Whether the appellate order could be sustained without addressing the material grounds raised in appeal.

Analysis: A statutory appeal entails an obligation to consider and decide every material contention raised by the appellant through a reasoned and speaking order. The appellate authority proceeded on the assumed non-dispute of the driver's statement without addressing that contention and failed to deal with the other material grounds raised in the appeal.

Conclusion: The appellate order was unsustainable for failure to consider material grounds and provide reasons; in favour of the assessee.

Final Conclusion: The penalty appeal requires fresh adjudication after hearing the assessee and reasoned consideration of every contention and relevant aspect.

Ratio Decidendi: An appellate determination must address all material grounds and the evidentiary basis of an adverse finding, including compliance with the prescribed procedure for recording a driver's statement.

Issues: Whether goods seized under Section 67 of the CGST Act may be provisionally released after confiscation proceedings have been initiated under Section 130.

Analysis: Section 67 links seizure to goods liable to confiscation and provides for provisional release on prescribed conditions. Rule 140 prescribes the bond and security requirements. Section 130 contains no express or implied prohibition on applying Section 67 after confiscation proceedings begin; its non-obstante clause was removed with effect from 1 January 2022. Harmonious construction of the provisions, the limits on statutory powers and the right to property under Article 300A inform the relationship between seizure, provisional release and confiscation.

Conclusion: Yes. The goods must be provisionally released on the stipulated bond and security or payment terms, without prejudice to the continuation of confiscation proceedings.

Ratio Decidendi: Initiation of confiscation proceedings does not extinguish the statutory right to provisional release of goods seized under Section 67, subject to the applicable conditions.

Issues: (i) Whether the contractor is entitled to reimbursement of service tax under the agreement; (ii) Whether the contract recipient is entitled to credit of the reimbursed service tax following the transition to GST.

Issue (i): Whether the contractor is entitled to reimbursement of service tax under the agreement.

Analysis: The work order and agreement placed taxes generally on the contractor but provided for reimbursement of service tax on an actual basis. Completion of the work and payment of the tax were admitted, and no proceedings against the contractor were pending.

Conclusion: The contractor is entitled to reimbursement of service tax, with the claim to be verified and processed under the agreement.

Issue (ii): Whether the contract recipient is entitled to credit of the reimbursed service tax following the transition to GST.

Analysis: Section 140 of the Central Goods and Services Tax Act, 2017 provides for transitional input tax credit. The recipient relied on the time limit for CENVAT credit and the change in tax regime; the reimbursement claim had been made before GST commenced, and no specific bar was identified as applicable to the claim.

Conclusion: The recipient is entitled to credit of the reimbursed service tax.

Final Conclusion: The contractual reimbursement and corresponding credit remain available notwithstanding the transition to GST.

Ratio Decidendi: Where a contract provides for reimbursement of service tax, the transition to GST alone does not extinguish reimbursement or the corresponding credit in the absence of a specific bar.

Issues: (i) Whether commission for procuring investors and depositors is liable to service tax; (ii) Whether the extended period of limitation was validly invoked; (iii) Whether small service provider exemption must be determined after verification of taxable commission; (iv) Whether commission receipts qualify for cum-tax benefit.

Issue (i): Whether commission for procuring investors and depositors is liable to service tax.

Analysis: The commission received for procuring prospective investors and facilitating deposits was treated as taxable under Notification No. 7/2003-ST, consistently with the earlier decisions relied upon.

Conclusion: The commission is liable to service tax, against the assessee.

Issue (ii): Whether the extended period of limitation was validly invoked.

Analysis: The taxable activity was not registered or disclosed through service-tax returns, and its detection required investigation. This constituted suppression of taxable service.

Conclusion: Invocation of the extended period of limitation is valid, against the assessee.

Issue (iii): Whether small service provider exemption must be determined after verification of taxable commission.

Analysis: The demand was based on figures in Form 26AS, which reflected income on which tax was deducted and required verification against the actual taxable commission received. Eligibility under Notification No. 33/2012-ST depends on the verified taxable turnover.

Conclusion: The exemption claim must be freshly determined on verification; no service tax is payable if the verified taxable turnover is within the prescribed threshold.

Issue (iv): Whether commission receipts qualify for cum-tax benefit.

Analysis: Service tax was not charged separately on the commission received.

Conclusion: The assessee is entitled to cum-tax benefit.

Final Conclusion: Taxability and extended limitation remain affirmed, while the taxable commission, threshold-exemption eligibility, and cum-tax valuation require fresh determination.

Issues: (i) Whether penalty under Section 112 of the Customs Act, 1962 for lending an Importer-Exporter Code was sustainable and commensurate with the appellant's conduct; (ii) Whether penalty under Section 114AA of the Customs Act, 1962 was sustainable where the appellant's earlier lending of its Importer-Exporter Code had no nexus with the subsequent offending import.

Issue (i): Whether penalty under Section 112 of the Customs Act, 1962 for lending an Importer-Exporter Code was sustainable and commensurate with the appellant's conduct.

Analysis: The admitted lending of the Importer-Exporter Code for consideration breached the Foreign Trade Policy framework, which requires imports and exports to be made using the code allotted to the concerned person. This contravention attracted penal liability. However, the smuggling incident at Bangalore was effected under a different Importer-Exporter Code, while the appellant's code had been used for earlier imports at Coimbatore. The absence of a nexus with the offending import warranted a proportionate penalty.

Conclusion: Penalty under Section 112 of the Customs Act, 1962 was sustainable but was reduced to Rs. 2,00,000, in favour of the assessee.

Issue (ii): Whether penalty under Section 114AA of the Customs Act, 1962 was sustainable where the appellant's earlier lending of its Importer-Exporter Code had no nexus with the subsequent offending import.

Analysis: The subsequent import involving concealed gold was filed under the importing entity's own Importer-Exporter Code. The appellant's earlier lending of its code for separate imports did not link it to that offending import.

Conclusion: Penalty under Section 114AA of the Customs Act, 1962 was not sustainable and was set aside, in favour of the assessee.

Final Conclusion: Lending an Importer-Exporter Code constitutes a policy violation attracting customs penalty, but the penalty must be proportionate to the conduct and cannot be extended to an unconnected offending import.

Ratio Decidendi: Customs penalties for lending an Importer-Exporter Code require a demonstrable nexus with the offending import, and must remain proportionate to the established contravention.

Issues: Whether the assessee's liability of Rs. 3.50 crores under a corporate guarantee settlement was deductible in Assessment Year 1998-99.

Analysis: The settlement to pay Rs. 3.50 crores was reached through the meeting of 03.03.1997, followed by board approval and correspondence during the previous year 1997-98. The parties had thus agreed upon the full and final liability in that year; filing consent terms and the eventual discharge of payment in 1999 only implemented the liability already determined. The factual finding that the liability had crystallised during the relevant previous year was not displaced.

Conclusion: The liability was deductible in Assessment Year 1998-99; the question of law is answered in favour of the assessee and against the Revenue.

Issues: (i) Whether delay in filing appeals against intimations could be condoned and the appeals entertained notwithstanding the absence of an adjustment under Section 143(1) and the claim having been made under an incorrect exemption provision in the return; (ii) Whether BSNL employees retiring under the Voluntary Retirement Scheme, 2019 were entitled to exemption of retrenchment compensation under Section 10(10B); (iii) Whether the entire leave-encashment amount received by such retired BSNL employees was exempt under Section 10(10AA).

Issue (i): Whether delay in filing appeals against intimations could be condoned and the appeals entertained notwithstanding the absence of an adjustment under Section 143(1) and the claim having been made under an incorrect exemption provision in the return.

Analysis: The assessees had originally claimed exemption under Section 10(10C), but sought the appropriate statutory exemption after decisions recognising the nature of the compensation. On identical facts, delays ranging from 900 to 2000 days had been condoned in other BSNL employees' cases. The restriction in Goetze (India) Ltd. concerns the Assessing Officer and does not curtail appellate powers to entertain a lawful claim. The absence of an adjustment in the Section 143(1) intimation did not bar adjudication of the claim in appellate proceedings.

Conclusion: The delays were condoned and the appeals were maintainable before the appellate authorities, in favour of the assessees.

Issue (ii): Whether BSNL employees retiring under the Voluntary Retirement Scheme, 2019 were entitled to exemption of retrenchment compensation under Section 10(10B).

Analysis: The voluntary retirement scheme was treated in substance as a retrenchment scheme for workforce reduction. Coordinate Bench decisions had consistently allowed Section 10(10B) exemption for compensation received by BSNL employees under the scheme, and the Revenue had not pursued further proceedings against those decisions. A mistaken claim under Section 10(10C) did not defeat entitlement to the correct exemption.

Conclusion: Retrenchment compensation received under the BSNL Voluntary Retirement Scheme, 2019 is eligible for exemption under Section 10(10B), in favour of the assessees.

Issue (iii): Whether the entire leave-encashment amount received by such retired BSNL employees was exempt under Section 10(10AA).

Analysis: Retired BSNL employees under the scheme were regarded as deemed Central Government employees for leave-encashment exemption. The enhanced exemption limit introduced through Gazette Notification No. 31/2023 dated 24.05.2023 was beneficial and applicable while exercising appellate jurisdiction. The contrary decision concerning State Bank of India employees addressed a distinct question of alleged discrimination and was inapplicable.

Conclusion: The entire leave-encashment amount received by eligible assessees is exempt under Section 10(10AA), in favour of the assessees.

Final Conclusion: The assessees are entitled to the correct statutory exemptions for retrenchment compensation and, where applicable, the full leave-encashment amount notwithstanding their original claims and delayed appellate filings.

Ratio Decidendi: Appellate authorities may condone delay and grant a legally available exemption claim made under an incorrect provision in the return where parity, beneficial statutory treatment, and the appellate power to entertain such claim warrant substantive relief.

Issues: Whether penalty for under-reporting of income consequent to misreporting was leviable where the assessee did not file the original return but disclosed the income in the return filed in response to notice under section 148.

Analysis: Although the assessment fell within the ordinary scope of under-reported income where a return was first furnished pursuant to notice under section 148, the exclusion for a bona fide explanation applied. The salary and deposit-interest income had substantially suffered tax deduction at source, the return filed in response to notice disclosed the income, and the explanation for non-filing of the original return was supported by the assessee's overseas employment and bona fide belief that the employer had filed the return. The assessee had furnished material facts supporting that explanation.

Conclusion: Penalty under section 270A was not leviable and was directed to be deleted, in favour of the assessee.

Issues: Whether proceedings under the GST enactments for credits availed under the erstwhile Haryana VAT regime can be adjudicated under Sections 73 and 74.

Analysis: The view adopted in prior decisions was accepted. Sections 73 and 74 of the Punjab, Haryana and Central GST enactments could not be invoked to adjudicate credits availed under the erstwhile Haryana VAT Act. The Revenue's liberty preserved under the adopted precedent remains available in accordance with law.

Conclusion: Proceedings under Sections 73 and 74 of the GST enactments in respect of credits availed under the erstwhile Haryana VAT regime cannot be adjudicated; the issue is decided in favour of the assessee.

Issues: Whether the Revenue appeal concerning conditional refund/credit affected by the settled validity challenge to Notifications No. 19/2008 and 34/2008, and refund relating to alleged fictitious clearances, survived for adjudication.

Outcome: The appeal was disposed of as it did not survive; Revenue may take action in accordance with the applicable Supreme Court decision and pending show-cause proceedings.

Issues: Whether a co-operative society that filed Form No. 10-IF opting for the concessional regime under section 115BAD by mistake could be assessed under the old regime and claim deduction under section 80P.

Analysis: The option under section 115BAD had indisputably been exercised through Form No. 10-IF, which ordinarily requires total income to be computed without deductions under Chapter VI-A, including section 80P. The mistaken filing of Form No. 10-IF was accepted, and assessment under the old regime was directed, provided the assessee had not opted for the new regime in any previous year.

Conclusion: The assessee is entitled to recomputation under the old regime as though Form No. 10-IF had not been filed, subject to verification that it had not opted for the new regime in any earlier year.

Issues: (i) Whether the value of unexposed positive films, consumables and other goods sold or transferred in providing photography services could be included in the taxable value for service tax; (ii) Whether the extended period of limitation could be invoked for the demand.

Issue (i): Whether the value of unexposed positive films, consumables and other goods sold or transferred in providing photography services could be included in the taxable value for service tax.

Analysis: The invoices separately evidenced sale of positive films and consumables, on which VAT was discharged, and printing services, on which service tax was paid. Photography contracts involving identifiable transfer of property in goods have both goods and service elements. The goods component, being liable to VAT as a deemed sale, is segregable from the service component and is also excluded under Notification No. 12/2003-ST dated 20.06.2003.

Conclusion: The value of goods sold or transferred, including positive films and consumables, cannot be included in the taxable value of photography services. The demand of service tax on that value is unsustainable, in favour of the assessee.

Issue (ii): Whether the extended period of limitation could be invoked for the demand.

Analysis: The assessee was registered, filed ST-3 returns, paid VAT on the sale portion and service tax on the service portion, and supplied documents sought during audit. The Revenue produced no evidence of suppression or concealment despite issuing the notice more than one year after the audit queries and response.

Conclusion: The extended period was not invocable in the absence of suppression of facts or intent to evade tax. The demand for the extended period is barred by limitation, in favour of the assessee.

Final Conclusion: No service-tax liability survives on the goods component of the photography contracts, and the impugned demand cannot be sustained either on merits or limitation.

Ratio Decidendi: Where a photography contract separately transfers goods liable to VAT and supplies taxable services, the segregable value of the goods cannot form part of the taxable value of the service component.

Issues: Whether the assessee discharged the burden under Section 68 in respect of the disputed credits and whether the additions could be sustained.

Analysis: Section 68 requires the assessee to establish the creditor's identity, creditworthiness and the genuineness of the transaction. The assessee furnished confirmations, permanent account details, bank statements, income-tax records and books of account. The creditor's non-appearance pursuant to summons did not invalidate documentary evidence otherwise establishing the credit. The repayment of an earlier unsecured loan could not be assessed again as an unexplained credit. Once the initial burden was discharged, the onus shifted to the Revenue to produce cogent material disproving the explanation; suspicion or the absence of share application money in the balance sheet was insufficient. The real income doctrine and the principle of approbate and reprobate were inapplicable because the dispute concerned explained cash credits and no inconsistent stand was established.

Conclusion: The assessee satisfactorily discharged its burden under Section 68 for all the disputed additions; their sustenance was erroneous in fact and law, in favour of the assessee.

Issues: (i) Whether the delay in filing the appeal was liable to be condoned; (ii) Whether dismissal of the first appeal for non-prosecution without adjudicating the grounds on merits was sustainable.

Issue (i): Whether the delay in filing the appeal was liable to be condoned.

Analysis: The affidavit and contemporaneous communications established that the assessee had diligently pursued the filing of the appeal but was prevented by the inaction of the authorised representative. The explanation was bona fide and did not disclose deliberate negligence or mala fides on the assessee's part.

Conclusion: The delay was caused by sufficient cause and was condoned in favour of the assessee.

Issue (ii): Whether dismissal of the first appeal for non-prosecution without adjudicating the grounds on merits was sustainable.

Analysis: The first appellate authority is obliged under Section 250 to decide the grounds arising from the assessment order through a reasoned order, even if the appellant remains absent. A statutory appeal cannot ordinarily be dismissed simpliciter for non-prosecution without a merits adjudication. In view of the assessee's plausible explanation for non-representation and the claimed documentary explanation for the cash deposits, an effective opportunity was warranted.

Conclusion: The dismissal for non-prosecution was unsustainable and was set aside in favour of the assessee; the matter was restored to the Assessing Officer for fresh adjudication after a reasonable opportunity of hearing.

Final Conclusion: The reassessment issues, including the explanation for the cash deposits, require fresh determination on the material produced by the assessee.

Ratio Decidendi: A first appellate authority must adjudicate statutory grounds on merits by a reasoned order and cannot dismiss an appeal solely for non-prosecution.

Issues: Whether a subsisting registration granted under Section 12A(1)(ac)(i) could be treated as defective or invalid while deciding its renewal application, without its cancellation under the prescribed procedure in Section 12AB(4).

Analysis: Section 12AB(4) provides the exclusive mechanism for cancellation of a registration upon specified violations, a reference from the Assessing Officer, or selection under the risk-management strategy. It requires inquiry, a reasonable opportunity of hearing, and a written cancellation order. No statutory power permits the Commissioner to disregard an already granted registration as invalid without invoking and complying with that procedure. A registration that has not been cancelled in accordance with the statute continues to be valid in law.

Conclusion: The Commissioner could not treat the existing registration as defective or invalid without cancelling it under Section 12AB(4); the rejection of the renewal application on that basis was invalid and was set aside.

Ratio Decidendi: A statutory registration remains legally effective unless cancelled through the specific cancellation procedure prescribed by the statute; it cannot be nullified administratively as invalid without following that procedure.

Issues: Whether the ex parte adjudication order was vitiated by ineffective communication of notices and denial of an effective opportunity to respond and be heard.

Analysis: Uploading pre-show-cause notices, show-cause notices, reminders and the adjudication order only under the 'Additional Notices and Orders' tab did not constitute communication contemplated by Section 73(1). Further, the personal-hearing date was fixed before expiry of the time allowed for replying to the show-cause notice, denying an effective opportunity of defence. The dismissal of a separate appeal as time-barred did not affect the maintainability of the writ petition because that appeal challenged a different intimation.

Conclusion: The ex parte adjudication order was quashed for violation of principles of natural justice, in favour of the assessee.

Issues: Whether the assessment for AY 2015-16 under section 153C was valid where that year fell beyond the six immediately preceding assessment years and the satisfaction note did not record that escaped income was represented by an asset meeting the statutory threshold.

Analysis: For a person other than the searched person, the six assessment years are reckoned from the assessment year relevant to the financial year in which the seized material is received by the Assessing Officer having jurisdiction over that person. Since the material was received in FY 2021-22, AY 2015-16 fell outside the six-year period and could be covered only as a relevant assessment year. Invocation for such an extended year required satisfaction that seized material revealed escaped income represented in the form of an asset of the prescribed amount. The satisfaction note referred only to alleged cash transactions and did not record the mandatory asset-based satisfaction. This requirement was jurisdictional, not procedural.

Conclusion: The assumption of jurisdiction under section 153C was invalid, and the assessment for AY 2015-16 was void ab initio; consequently, the additions could not survive.

Issues: (i) Whether the arm's length corporate guarantee commission for a guarantee issued to a wholly owned associated enterprise should be benchmarked at 1.90% or 0.5%; (ii) Whether interest on outstanding foreign-currency receivables from associated enterprises should be benchmarked using LIBOR plus 200 basis points after a 60-day interest-free credit period.

Issue (i): Whether the arm's length corporate guarantee commission for a guarantee issued to a wholly owned associated enterprise should be benchmarked at 1.90% or 0.5%.

Analysis: Bank guarantee charges and the interest rate applicable to external borrowings were not comparable to a corporate guarantee extended to a wholly owned associated enterprise. Consistent Tribunal decisions treated a rate in the range of 0.5% to 0.6% as arm's length for such guarantees.

Conclusion: The corporate guarantee adjustment is restricted to a commission of 0.5%, in favour of the assessee.

Issue (ii): Whether interest on outstanding foreign-currency receivables from associated enterprises should be benchmarked using LIBOR plus 200 basis points after a 60-day interest-free credit period.

Analysis: For cross-border receivables denominated in foreign currency, the benchmark must reflect the market rate applicable to the currency of repayment rather than domestic lending or deposit rates. Consistent precedent supported LIBOR with an appropriate markup and recognised 60 days as the normal interest-free credit period.

Conclusion: Interest on outstanding receivables shall be benchmarked at LIBOR plus 200 basis points after allowing a 60-day interest-free credit period, in favour of the assessee.

Final Conclusion: The transfer-pricing adjustments for corporate guarantee commission and delayed associated-enterprise receivables are recomputed on the prescribed arm's length parameters.

Ratio Decidendi: Foreign-currency transactions with associated enterprises must be benchmarked by reference to currency-specific international market rates, and corporate guarantee commission must reflect the materially lower risk of a group guarantee rather than bank lending or guarantee rates.