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Customs, DGFT & SEZ
Dated:- 23-9-2026
Export facilitation reforms contemplate integrated Commerce and Industry offices and trained local personnel to provide exporters with common access points and district-level handholding support. The Trade Connect platform is envisaged to provide product-wise and HSN-code-wise tariff, Free Trade Agreement and procedural information, supported by digital and AI-enabled tools. Reforms also address electronic verification of Certificates of Origin, integration across the export cycle, digitalisation, simplified trade documentation, reduced compliance burden, and adherence to international quality standards.
FEMA / RBI
Dated:- 23-9-2026
PTI
India's FY27 growth outlook is revised upward to 7 per cent from 6.6 per cent, supported by industrial activity, consumption, goods exports and government investment. Consumer inflation is projected to average 5.1 per cent. Persistent inflationary pressures, solid growth, conflict in West Asia and weather-related risks are expected to support higher interest rates, while below-normal monsoon rainfall may affect agricultural output and food inflation.
Customs & Trade
Dated:- 23-9-2026
PTI
Trade and market-access cooperation is to be advanced through a proposed Comprehensive Economic Partnership Agreement with Chile, a proposed Free Trade Agreement with Peru, and expansion of the Preferential Trade Agreement with MERCOSUR. The frameworks seek mutually beneficial outcomes while respecting respective sensitivities and priorities. Diversified trade, investment and business partnerships are envisaged through stronger business-to-business linkages, improved connectivity and more predictable market access.
Article By: - DEV KUMAR KOTHARI Dated:- 23-9-2026
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Income Tax
Rectification of mistakes apparent from the record permits income-tax authorities to amend their own orders and specified intimations, but matters considered and decided in appeal or revision are excluded. Suo motu rectification is discretionary. On an application by the assessee, deductor, collector, or, in relevant first-appeal matters, the Assessing Officer, the authority must issue a written order making the amendment or refusing the claim within six months. Adverse amendments require prior notice and a reasonable opportunity of hearing; consequential refunds must be made and demand notices served where liability increases.
By: - Vivek Jalan
Marginal relief is proposed for resident individuals under the new tax regime whose total income exceeds Rs. 7 lakh. Tax payable must not exceed the income exceeding that threshold. Tax is computed before rebate, and the excess income over Rs. 7 lakh is determined. Where pre-rebate tax exceeds the excess income, the Section 87A rebate equals the difference; where the difference is negative, no rebate is allowed.
By: - K Balasubramanian
Section 157 of the CGST Act limits suits, prosecutions and other legal proceedings against designated Tribunal personnel and tax officers to acts done or intended in good faith under the Act or rules. Good faith is not automatic immunity where adjudication departs from procedural safeguards, including personal hearings, the confines of show cause notices, correct demand provisions, proportionate penalties, statutory payment opportunities and consideration of taxpayer replies. Appellate scrutiny may test whether such orders comply with statutory requirements and procedural fairness.
By: - DR.MARIAPPAN GOVINDARAJAN
Digital compliance integrates technology into corporate and board functions to support observance of applicable laws, internal policies, and governance standards. It includes electronic records, digital board meetings, automated monitoring, electronic filings, digital signatures, secure document management, and data protection. Board oversight covers cybersecurity, personal data protection, digital risk, artificial intelligence governance, fraud prevention, business continuity, and digitally supported ESG disclosures. Company secretaries support digital governance through regulatory advice, timely compliance, electronic records, digital due diligence, and ethical governance.
By: - Bimal jain
GST adjudication must result in a reasoned or speaking order demonstrating genuine consideration of the taxpayer's reply, submissions, and supporting material. An order that merely records receipt of a reply but rejects it without addressing the contentions or documents relied upon lacks the reasons necessary to disclose application of mind. Availability of an alternative statutory appeal does not preclude writ jurisdiction where principles of natural justice are breached by a non-speaking order.
Employment contracts remain outside commercial-court jurisdiction, requiring return of a wrongly filed plaint to the competent civil forum.
Employment-related claims for salary, increments, remuneration, commission and other dues arising from an employment agreement do not constitute commercial disputes under the Commercial Courts Act, 2015. A contract of personal service retains its employment character even where the claim concerns payment obligations or sales-linked remuneration. Where a plaint is filed before a forum lacking commercial jurisdiction, it should be returned for presentation before the competent non-commercial court rather than dismissed, allowing the claimant to pursue the existing plaint in the proper forum.
Limitation-barred recovery plaints cannot be rejected where balance confirmations and tax deposits create triable acknowledgment issues
Order VII Rule 11(d) permits rejection of a recovery plaint on limitation only when the bar is apparent from a meaningful reading of the plaint and relied-upon documents. Sections 18 and 19 of the Limitation Act require consideration of acknowledgments and payments affecting limitation. Signed balance confirmations, together with tax deducted at source and deposited to the creditor's account in relation to a loan, may raise a triable issue on acknowledgment and payment. The evidentiary and legal effect of those materials requires determination on evidence and cannot be conclusively resolved at the threshold.
Captive consumption valuation uses CAS-4 production cost, excluding general transfer valuation for sister-unit manufacturing transfers.
Valuation of excisable goods stock-transferred to sister units for further manufacture falls under the captive-consumption regime. Cost of production must be determined on the CAS-4 basis, and the prescribed valuation guidance binds Revenue authorities. The general valuation method applicable to transfers not involving captive consumption does not govern such transfers. Duty liability is therefore determined using the CAS-4 cost basis, with no differential duty arising from application of the alternative transfer-valuation principle.
Customer-Supplied Drawings Require Proven Production Nexus and Ascertainable Value Before Inclusion in Excise Transaction Value
Transaction value remains applicable where buyer and assessee are unrelated and price is the sole consideration. Customer-supplied designs or drawings may be added only when they constitute additional consideration, are used or necessary in production, have an ascertainable apportioned value, and are not already included in the price. Buyer specifications alone are not buyer's assists. A speculative percentage unrelated to the value of the free supply does not satisfy rule-based valuation; reasonable-means valuation must conform to statutory principles. Remand cannot reconstruct a valuation case lacking evidentiary support in the show cause notice. Extended limitation and equivalent penalty require intent to evade, which audit disclosures, no concealment, interpretational dispute, and revenue neutrality may negate.
Investor-procurement commission attracts service tax, subject to verified turnover, threshold exemption eligibility, and cum-tax valuation where applicable.
Commission for procuring prospective investors and facilitating deposits is taxable under Notification No. 7/2003-ST. Non-registration and non-disclosure of the taxable activity in service-tax returns, requiring investigation for detection, support invocation of the extended limitation period on the basis of suppression. Taxable commission cannot be determined solely from Form 26AS figures and requires verification against actual commission receipts. Eligibility for small service provider exemption under Notification No. 33/2012-ST depends on verified taxable turnover; no tax is payable where turnover remains within the prescribed threshold. Where service tax was not separately charged, commission receipts qualify for cum-tax valuation.
Manufacturer delivery charges within VAT-paid sale price fall outside cargo handling service tax treatment for own goods.
Delivery of a manufacturer's own gases to purchasers through hired transporters, where freight is treated under the goods transport agency category, does not constitute cargo handling service. Collection and delivery charges included in the contractual sale price and subjected to CST/VAT retain their character as sale consideration. Because sales tax/VAT and service tax apply in mutually exclusive fields, the same amount cannot be taxed both as the price of goods and as consideration for cargo handling. Such delivery charges therefore remain outside the charge applicable to cargo handling services.
Construction service tax exemptions distinguish charitable education, SEZ units and public community halls across relevant periods.
Construction of school, college and vocational-training buildings for charitable educational institutions was non-commercial and exempt before 1 July 2012. After that date, the relevant construction-service exemption was confined to Government, local authorities and government authorities, leaving charitable societies taxable despite Income-tax registration. SEZ-unit construction qualified for the statutory exemption under the SEZ framework, whose overriding effect prevented procedural non-compliance with the notification from defeating relief. A community hall built for unrestricted public use under the MPLAD Scheme was a public-purpose asset rather than commercial construction and remained exempt. Tax liability therefore applied only to post-1 July 2012 construction for educational trusts.
Self-borne TDS under reverse charge is excluded from taxable value, while service receipt date fixes the tax rate.
Self-borne TDS paid by a service recipient from its own funds, without deduction from consideration payable to a foreign service provider, is not consideration for taxable service and is excluded from taxable value under reverse charge. Although the Commissioner (Appeals) has remand jurisdiction, remand is inappropriate where the relevant facts are conclusively established. For reverse-charge service tax, the applicable rate is determined by the date of receipt of service, not by a later invoice or payment date; a subsequent rate reduction does not alter liability for earlier services. Interest applies only to the surviving rate-differential liability, while penalties do not apply to the excluded TDS component or an interpretational rate dispute.
Pass-Through Insurance Premiums Stay Outside Service-Tax Value Where Fully Remitted Without Retention or Service Consideration
Pre-amendment service-tax valuation under Section 67 is confined to consideration for the taxable service. Insurance premiums collected from borrowers solely for full remittance to an insurer, without mark-up or retention, lack the necessary nexus and are excluded from taxable value; separately charged administrative fees remain taxable. Extended limitation requires fraud, collusion, wilful misstatement, suppression, or contravention intended to evade tax; an interpretative valuation dispute and voluntary payment of tax and interest on administrative charges do not establish those elements. Penalty requires the same culpable conduct and is not sustainable absent those elements.
PMLA regular bail threshold requires prima facie satisfaction of innocence despite prolonged custody and parity claims.
Regular bail under the Prevention of Money Laundering Act requires reasonable grounds to believe that the accused is not guilty. Prima facie material indicating a central role in an alleged investment scheme, including mobilisation of investments, management of connected entities, and use or movement of alleged proceeds of crime, could not be discarded at the bail stage. Financial and documentary material, investigation statements, and the alleged mismatch in cloud-storage capacity remained matters for trial, particularly while key witnesses awaited examination. The custody period and parity claim did not displace the statutory bail threshold, as the co-accused's bail arose where those conditions did not apply.
Individualised money-laundering attribution determines monetary-threshold bail eligibility, while cancellation requires showing a perverse, fallacious, or investigation-prejudicial exercise of discretion.
The first proviso to Section 45(1) of the Prevention of Money Laundering Act provides a discretionary exemption from the twin bail conditions where the laundering amount attributable to an individual accused is below the monetary threshold. Attribution must be assessed separately for each accused and not mechanically equated with total proceeds of crime alleged against a wider group. Section 3 addresses knowing assistance in processes involving proceeds of crime, and Section 23 creates a presumption for interconnected transactions. Bail cancellation requires a perverse, fallacious, or investigation-prejudicial exercise of discretion; custody need not continue where bail conditions adequately secure investigation and trial attendance.
Concluded liquidation auctions resist speculative challenges by non-participants, while deterrent litigation costs must remain proportionate.
Concluded liquidation e-auctions, letters of intent and sale certificates cannot be reopened at the request of a prospective bidder that neither participated nor demonstrated genuine interest in the auction. A speculative assertion that later-disclosed conditions concerning dismantling, export facilitation or costs might have prompted a bid does not provide a substantive ground for interference. Deterrent costs may be imposed on a stranger to the liquidation process, but must remain proportionate where the challenge has not delayed the process.