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FEMA / RBI
Dated:- 7-9-2026
PTI
The rupee gained marginally against the US dollar, supported by FCNR-related dollar inflows and robust liquidity. Elevated Brent crude prices, safe-haven dollar demand and geopolitical tensions constrained this support. Higher oil prices may enlarge India's import bill, increase dollar demand and pressure the rupee, although rising foreign-exchange reserves indicated external-sector strength.
By: - Chitresh Gupta
Section 74 of the CGST Act requires an officer's independent satisfaction, supported by disclosed facts, that a tax shortfall or wrongful input tax credit claim resulted from fraud, wilful misstatement, or suppression of facts. An audit objection, statutory recitals, or a protective notice issued because ordinary limitation is nearing expiry cannot alone establish that basis. The show cause notice must identify the material facts, including missing evidence or concealed facts. The sufficiency of these foundational allegations is a threshold issue separate from the merits of the tax demand.
By: - K Balasubramanian
GST adjudication under section 75(7) confines an order to the amount and grounds specified in the show-cause notice. An authority must not confirm tax, interest or penalty exceeding the proposed demand or rely on grounds not contained in the notice. Officers should use the appropriate demand procedure, consider replies, provide personal hearing to uphold natural justice, and ensure that adjudication remains within the notice. Taxpayers should review orders for excess demands or new grounds.
By: - YAGAY and SUN
Automated issuance of Free Sale and Commerce Certificates allows eligible applications submitted through the online portal to be assessed against predefined system parameters and issued without routine officer-led scrutiny. Applications requiring verification or not satisfying automated parameters may be routed for manual examination. Auto-issued applications may also be selected for post-issuance review under risk-management parameters. Exporters must continue to meet substantive eligibility requirements, provide accurate and consistent information, retain supporting records and respond to any subsequent verification. The mechanism promotes faster, paperless processing while retaining risk-based regulatory oversight.
By: - DEV KUMAR KOTHARI
Penalties for cash acceptance or repayment transactions require recorded satisfaction in the latest operative assessment order that the relevant statutory prohibition has been violated and that penalty action is contemplated. Where an earlier assessment is set aside or annulled, satisfaction recorded in that assessment does not survive as the basis for penalty. A fresh, revised, reassessment, or de novo assessment must independently record the requisite satisfaction. Separate penalty proceedings do not dispense with this jurisdictional requirement.
By: - Agile Regulatory
RCMC certification establishes an eligible exporter's registration or membership with the appropriate Export Promotion Council or Commodity Board. The correct registration route depends on product category, export classification and applicable regulatory requirements. APEDA RCMC may apply to eligible agricultural and processed food exporters. Registration generally involves confirming product eligibility, preparing business records and Import Export Code details, completing the applicable online application, submitting required documents, paying applicable charges and maintaining registration records. Exporters should verify current procedures and fees through authorised channels and ensure that all application information is accurate.
By: - Dr. Sanjiv Agarwal
Provisional release of seized GST goods requires a bond for the value of goods and bank guarantee security for applicable tax, interest and penalty, or payment of those amounts. Failure to produce the goods as required permits encashment and adjustment of the security. Specified seized goods may be disposed of promptly because of perishability, hazardous nature, depreciation, storage constraints or other relevant considerations. Authorised purchase of goods or services may verify invoice or bill-of-supply issuance, with refund required upon return and cancellation of the earlier invoice or bill.
By: - Raj Jaggi
Statutory pre-deposit conditions are mandatory, but the timing of payment depends on the governing language. Under the post-2014 Central Excise and service-tax framework, an appeal cannot be entertained without deposit, supporting curability where payment is made before appellate consideration. GST instead provides that no appeal shall be filed unless admitted liability and the prescribed deposit are paid. Delayed GST payment may therefore affect whether a valid appeal existed within limitation. Pre-deposit is security during the dispute, not final discharge of the contested liability.
Motor-vehicle accessory classification places exclusively vehicle-used CNG/LPG kits, cylinders and containers under the higher tax rate.
Multi-valve CNG/LPG gas kits, cylinders and containers used exclusively in motor vehicles fall within the motor-vehicle accessories category rather than the separate LPG cylinders and containers entry. Classification depends on whether the goods serve as an adjunct, accompaniment or addition enabling convenient, effective or comfortable motor-vehicle use; indispensability to vehicle operation is not required. Their undisputed exclusive motor-vehicle use supports accessory classification, resulting in taxation at the higher rate applicable to motor-vehicle accessories.
Rule 26 abetment penalty fails where clandestine removal and confiscability of allegedly purchased excisable goods lack corroborative evidence.
Penalty for abetting clandestine removal under Rule 26 of the Central Excise Rules, 2002 requires proof that the goods were liable to confiscation. Although an opportunity to cross-examine persons whose statements were relied on had been provided and was not used, recovery of a diary and notepad did not establish the truth of their contents. In the absence of affirmative corroboration of unaccounted manufacture, raw-material procurement, transport, clearance, buyers, or unaccounted consideration, clandestine removal was not established. As the allegedly purchased goods were not proved liable to confiscation, no Rule 26 penalty was imposable.
Pipeline intermixing of SKO with HSD/MS is not manufacture, preventing higher differential excise duty on interface clearances.
Intermixing superior kerosene oil (SKO) with high-speed diesel or motor spirit during pipeline transfer does not constitute manufacture under Section 2(f) of the Central Excise Act, 1944, where the goods are not listed in the Third Schedule to the Central Excise Tariff Act, 1985. A departmental circular cannot, without statutory support, require duty on SKO at the higher HSD/MS rate. Nor can manufacture be sustained on a ground absent from the show-cause notice. Consequently, the higher differential central excise duty demand on interface-SKO clearances was unsustainable.
Employee group insurance credit remains available where mediclaim and accident cover serve employment-related employer liability purposes.
Cenvat credit is admissible on group mediclaim and group personal accident insurance policies obtained for employees where they are connected with employment and employer liability. The exclusion in Rule 2(l)(C) applies to specified services, including life and health insurance and vacation travel benefits, when used primarily for employees' personal use or consumption. Policies not obtained for vacation purposes and distinguishable from life-insurance policies specifically covered by the exclusion do not fall within that bar. Accordingly, employer-provided group medical and personal accident cover qualifies for Cenvat credit.
Composite works contracts with transferred goods fall outside repair service taxation, while extended limitation requires deliberate tax evasion.
Composite irrigation-canal contracts involving labour and transfer of property in goods, with VAT paid on the goods component, fall outside Management, Maintenance or Repair Service, which applies to service contracts simpliciter. The resulting service-tax demand is unsustainable. Extended limitation requires deliberate suppression or intent to evade tax; payment of VAT and the absence of such intent do not support its invocation. A one-time manpower supply activity may be taxable in nature, but no demand survives where its taxable value, after excluding exempt values, remains below the applicable threshold exemption.
Manpower supply classification failed where worker members directly engaged clients, and reimbursed wages were excluded from taxable value.
Activities of an organisation formed by women workers to provide training, employment security and direct client engagement did not amount to manpower recruitment or supply agency service, because it was comprised of the workforce rather than supplying manpower as a service. The service-tax demand was therefore unsustainable. Reimbursed wages paid to members performing the work could not be included in taxable value unless established as consideration for a taxable service. As the remaining registration fee was negligible and below the taxable limit, adopting gross collections without excluding wage reimbursements was unsustainable.
Composite works contracts escaped service tax before taxable works contract service commenced; later-period tax and interest remained appropriable.
Composite construction contracts involving both material supply and civil construction activity were not liable to service tax before works contract service became taxable on 1 June 2007. The applicable framework did not permit taxing such indivisible works contracts during the earlier period. Service tax and applicable interest voluntarily paid for the period from 1 June 2007 to March 2008 were subject to appropriation. Consequently, the pre-1 June 2007 demand and related penalties were set aside, while appropriation of tax and interest for the subsequent period was sustained.
Indirect-tax refund claims fail without proof that tax incidence was retained, despite non-levy clarification or non-recovery protection.
Indirect-tax refund requires the claimant to establish independently that the tax incidence was not passed to the service recipient. A non-levy or non-recovery notification concerning electricity transmission and distribution services protects against recovery of tax not levied, but does not itself create an unconditional right to recover tax already collected and deposited. A non-taxability clarification likewise does not remove refund requirements. Where contractual consideration is inclusive of Service Tax, the statutory presumption of passing on applies unless rebutted by primary records, such as invoices, ledgers, credit notes, reduced consideration, or proof of repayment to the recipient.
Extended limitation fails where advertising-space tax disputes arise from disclosed records and bona fide interpretational uncertainty.
Mere sub-letting of hoarding sites to advertising agencies before 1 May 2006, without supplying services within the taxable category, did not attract service tax as Advertising Agency Service. For the period after 1 May 2006, extended limitation was unavailable where advertising agencies discharged tax on client consideration, including hoarding-space charges, making the arrangement revenue-neutral. Demand particulars derived from statutory records, regular returns were filed, and no positive concealment was identified. A bare allegation of suppression could not displace the bona fide interpretational dispute arising amid conflicting views; the related tax demand, interest and penalties were unsustainable.
Clinical-trial testing exemption and employee bond forfeitures exclude service tax where regulatory approval rests with trial sponsors.
Clinical-trial testing and analysis performed by a clinical research organisation for sponsors holding trial approvals falls within the service-tax exemption where separate approval for the organisation is not issued under the regulatory framework. Strict construction does not justify imposing an impossible approval condition. Employee bond-forfeiture recoveries following premature resignation are compensatory for breach of a service commitment, not consideration for commercial training, coaching, or tolerating an act. Extended limitation requires fraud, suppression, or contravention with intent to evade tax; prior disclosure and a tenable exemption belief do not meet that standard. Consequently, no interest or penalties arise where the underlying tax demands fail.
Disclosure of relied-upon documents protects fair hearing rights, while evidentiary necessity governs retention of seized material.
Under the Prevention of Money Laundering Act, 2002, a panchnama does not replace disclosure of documents relied upon to authorise retention of seized material. Affected persons must receive those documents to make an effective response; non-supply denies a fair opportunity, although fresh proceedings or remand may be inequitable after substantial delay and filing of a prosecution complaint. Retention is justified only where seized material is relied upon in a prosecution or supplementary complaint and is necessary to prove allegations at trial. Material not so relied upon must be released within a reasonable time, while authenticated photocopies may be retained and evidentiary documents kept until trial concludes.
Equivalent-value attachment under money-laundering law requires a proven proceeds-of-crime nexus and a real risk of frustrated confiscation.
Equivalent-value attachment under the Prevention of Money Laundering Act requires a demonstrable nexus between the targeted property and proceeds of crime, including evidence that tainted funds were passed on or layered and are unavailable for direct attachment. A subsidiary relationship or an unrelated gift to a holding company does not, by itself, establish that nexus or justify disregarding separate corporate identity. Provisional attachment also requires a substantiated likelihood that property will be concealed, transferred, or otherwise dealt with to frustrate confiscation. Existing mortgages, arbitration measures, and insolvency proceedings subjecting property dealings to the NCLT process do not establish that risk. Dealings with the properties remain governed by the insolvency process.