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2026 (10) TMI 604 - ITAT MUMBAI AT
Pre-conversion interest on compulsorily convertible debentures (CCDs) issued to a non-resident associated enterprise requires arm's length pricing. Compulsory future conversion and hybrid classification do not, by themselves, establish a nil price or extinguish an existing coupon obligation. Rule 10AB's Other Method requires a price charged, paid or expected in comparable uncontrolled circumstances, with reasonably accurate adjustments for material differences under Rule 10B. Currency, benchmark date, tenure, credit risk, security, non-redemption and conversion benefits affect comparability; a conventional bank lending rate is not automatically comparable to a long-tenor CCD.
Financial creditors in a class must use the revised Form CA for insolvency claims filed on or after 30 October 2026; claims previously filed in the earlier form need not be resubmitted. Part I applies to creditors other than real estate allottees, while Part II collects allottee, project, unit, payment, claim and possession details. Allottees may indicate a preference for possession, title transfer, refund or other relief, but that preference creates no entitlement or obligation and does not bind the successful resolution applicant. Available relief is governed by the approved resolution plan. Claims may be submitted electronically or physically, as notified in the public announcement.
REIT depository receipts must be backed by REIT units and listed on India International Exchange or NSE International Exchange in the International Financial Services Centre. Holders and beneficial owners must not be residents of India. Eligibility conditions address capital market debarment, wilful default and fugitive economic offender status. Fresh issues generally require approval by at least 75% of votes cast by unitholders, subject to exceptions for simultaneous initial offerings and subsequent offerings within an approved limit. All existing unitholders must have an opportunity to tender units for a fresh issue through transfers. Underlying units count as non-public holdings for minimum public unitholding, and issue or transfer price.....
Export service payments received in convertible foreign exchange or repatriable rupee accounts, including SNRR and INR Nostro accounts, satisfy the payment condition under section 2(6)(iv) of the IGST Act. Stockbrokers' payments through NRO accounts must be routed through repatriable SNRR or NRE accounts to satisfy that condition. Export receivables set off against import payables in accordance with RBI directions, and reinsurance brokers' commission retained through net settlement, also satisfy the condition. For exported goods, proceeds unrealised beyond the FEMA-prescribed or extended period make the corresponding refund liable to deposit or recovery with interest within 30 days. Recovery does not apply to amounts written off by the RBI or an authorised dealer bank.
Under the GST margin scheme for old and used motor vehicles, the input tax credit restriction applies only to tax paid on the procured vehicles. Credit on other inputs and input services remains available, subject to the WBGST Act. Sublimation paper falls under tariff heading 4809 and attracts 18% GST. The toy entries cover all categories under heading 9503, with 5% GST for non-electronic toys and 18% for electronic toys. Seaweed extract-based bio-stimulants registered under Schedule VI to the Fertiliser (Inorganic, Organic or Mixed) (Control) Order, 1985 fall under heading 3101. Past classification and rate disputes concerning sublimation paper, and classification disputes concerning these bio-stimulants, are recommended for regularisation on an 'as is where is' basis.
Eligible government entities and notified institutions may support the GST exemption for grant-funded research and development with a certificate from their head distinguishing it from consultancy. Services imported without consideration by Indian establishments of foreign shipping companies from overseas related persons or establishments are exempt from 1 November 2026; GST payments for 1 July 2017 to 31 October 2026 are regularised on an as-is-where-is basis. Vehicle lessors' recoveries for registration, insurance and incidental costs form part of the composite lease supply and attract its GST rate. TRAI is not Government under GST law. Notional interest on loans or advances under banks' fund transfer pricing qualifies for the interest exemption. NBFC lending services to banks under co-lending arrangements are taxable at the value specified in the contract.
Customs procedures and practices followed by Jawaharlal Nehru Custom House (JNCH) apply, with necessary adaptations, at Mundra Customs to promote uniformity in clearance processes. Exceptions apply where specific local requirements, including infrastructure or geographical constraints, necessitate a different process. Importers, exporters, customs brokers, shipping lines, terminal operators, custodians and other stakeholders may report processes inconsistent with JNCH's documented procedures for examination and appropriate action.
From 1 November 2026, exporters of textile goods under specified eight-digit tariff items must identify flame-retardant and other fabrics in shipping bills filed through ICEGATE. Exporters or their authorised customs brokers must use information type code CHR with qualifier FR001 for flame-retardant fabric or FR009 for other fabric. The identifiers distinguish products sharing tariff classifications and support administration of benefits under the Production Linked Incentive Scheme for Textiles. Missing identifiers may result in rejection of the declaration or failure to recognise product eligibility for scheme incentives. Exporters should check their tariff classifications against the specified annexure.
Customs, DGFT & SEZ
Dated:- 4-11-2026
Kiwi export promotion from Arunachal Pradesh involves a trial shipment of 1.5 metric tonnes from Ziro to Dubai, facilitated by the Agricultural and Processed Food Products Export Development Authority (APEDA). Retail-level consumer tasting and feedback are intended to assess acceptance and potential demand, as well as preferences and expectations concerning quality, packaging and presentation. The findings may help growers, cooperatives and exporters prepare for future commercial shipments and identify market opportunities.
Customs, DGFT & SEZ
Dated:- 4-11-2026
Agricultural export facilitation linked pomegranate growers in Kullu, Himachal Pradesh, with international markets through an APEDA-supported export of 1.3 metric tonnes of Sinduri pomegranates to Dubai. Uttar Pradesh-based Amama Exports sourced the produce directly from local farmers and the Bhuntar farmer producer organisation (FPO), associated with approximately 600 farmers, with procurement and coordination support from the district horticulture administration. Participating farmers realised prices 50% higher than the prevailing domestic market benchmark. Opportunities for horticultural exports to the United Arab Emirates depend on buyer demand, quality requirements and applicable import regulations.
By: - Raj Jaggi
Inverted duty structure refunds may arise where eligible inputs attract a higher GST rate than outward supplies, even if the principal input and output attract the same rate. Section 54(3)(ii) of the CGST Act does not confine the comparison to the principal commodity. The assessment must consider eligible inputs contributing to accumulated input tax credit, subject to statutory exclusions and notified restrictions. Containers, cartons and flexible packaging used to market, store, transport or sell tea may qualify without becoming part of the tea or changing its essential character.
By: - Raj Jaggi
A prospective restriction cannot be applied to credit accumulated before its commencement merely because the refund application is filed later. An administrative circular issued for uniform administration cannot extend a prospective restriction beyond its lawful scope or impose retrospective conditions unsupported by the statute and the applicable notification. The statutory relevant date governs limitation; the accumulation period determines whether the subsequent restriction applies. Entitlement to credit does not automatically establish entitlement to its refund.
By: - Aashok Kumar Sharma
Statutory and tax mapping should align account heads with financial statements, audit requirements, GST, TDS and income-tax schedules. Separating input tax credit ledgers by rate and type, and expense heads by TDS category, can support reconciliation. Management dimensions can provide analysis alongside statutory classifications. Ledger governance and transition require controlled account creation, consistent documentation and an annual review as business needs change. An old-to-new account mapping should be retained in working papers to support prior-year comparisons and audit trails.
By: - Aashok Kumar Sharma
A practical ten-working-day timetable starts with task ownership and document collection before month-end. Entries are captured on days one to three, accounts reconciled on days three to six, adjustments posted on days six to eight, and results reviewed and reported on days eight to ten. Reconciliations should cover bank and cash accounts, debtors, creditors, tax accounts, payroll contributions, inventory, related-party balances and loans. Supporting documents and reviewer sign-off for key reconciliations provide checks against unexplained differences. Monthly management reporting is separate from statutory filing frequency.
By: - DR.MARIAPPAN GOVINDARAJAN
Quarterly Form GST CMP-08 filings for the entire financial year are to be made before the annual return, by the 18th day of the month following each quarter. The general annual filing deadline is 19 April following the financial year; for financial years from 2024-25 onwards, Form GSTR-4 is to be furnished by 30 June. Tax and interest payable with the annual return are discharged through the electronic cash ledger. Return disclosures cover invoice-wise inter-State and intra-State inward supplies, consolidated outward supplies, reverse charge supplies and imported services.
By: - Aashok Kumar Sharma
Compliance and integrity may differentiate smaller suppliers when larger customers, government buyers and export markets require formal business practices. These expectations may include GST registration, timely filings, proper invoices, audited accounts and responsible labour and data practices. As at October 2026, Udyam-registered MSMEs may, depending on eligibility and scheme terms, access procurement preferences, including those under the public procurement policy for micro and small enterprises, the Government e-Marketplace, priority-sector lending and credit-guarantee schemes. Eligibility and scheme terms may change and should be checked on official portals.
By: - Aashok Kumar Sharma
Internally generated goodwill and reputation cannot be recognised as assets under IAS 38 or Ind AS 38, although reputation can affect pricing, customer acquisition, recruitment, credit and resilience. Acquired goodwill arises principally in a business combination when consideration exceeds the fair value of identifiable net assets. Practitioners should measure acquired goodwill under Ind AS 103 and test it for impairment, while distinguishing it from internally built reputation that cannot be capitalised. Consumer complaints, regulatory action and litigation may also indicate contingent liabilities or going-concern issues for discussion with management.
Excess transitional credit claims do not themselves create VAT liability, while wrongly availed credit remains subject to GST action.
An excess transitional input tax credit claim in TRAN-1 does not itself establish a breach of VAT law or create a VAT liability. Available VAT credit can be set off against tax payable. Rule 117 provides for crediting the amount specified in TRAN-1 to the electronic credit ledger, while Rule 121 provides for verification and action under GST law in respect of wrongly availed credit. VAT authorities may inform the GST department of an excess claim.
Input tax credit restrictions for inter-State sales turn on specified goods, while earlier rules depend on purchase tax liability.
Amended Section 19(5) of the Punjab Value Added Tax Act, 2005 restricts input tax credit on inter-State sales of Schedule H goods or products manufactured from them, including where VAT was paid on purchase. Section 19 overrides the credit provisions in Sections 13 and 13A where applicable. Yarn is not listed in Schedule H, and credit on yarn cannot be restricted solely because a Schedule H commodity was involved at an earlier manufacturing stage; the credit-generating goods and basis for reversal must be identified. Before amendment, the restriction depended on liability to purchase tax and did not apply to a subsequent purchase not liable to that tax. The applicable statutory version and relevant transaction require verification.
Form C photocopies cannot support concessional central sales tax treatment without compliance with the prescribed duplicate declaration procedure.
Concessional central sales tax treatment requires strict compliance with the Form C declaration requirements under section 8 of the Central Sales Tax Act, 1956 and rule 12 of the Central Sales Tax (Registration and Turnover) Rules, 1957. The prescribed procedure for a lost form provides for an indemnity bond and a duplicate declaration and applies where the original cannot be produced. Certified photocopies alone do not establish entitlement to the concessional rate if that procedure has not been followed.