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Arm's length corporate guarantee commission must follow the applicable precedent, requiring transfer pricing recomputation at the prescribed rate.
Arm's length commission for a corporate guarantee provided to an associated enterprise is governed by jurisdictional precedent prescribing a 0.5% rate. The transfer pricing adjustment calculated using a 0.625% commission rate must therefore be recomputed at 0.5%, resulting in determination of the corporate guarantee fee on that basis in favour of the assessee.
Foreign-currency loan pricing requires LIBOR benchmarking, while unsupported written-off loan and consultancy advances remain non-deductible.
Foreign-currency loans advanced to associated enterprises must be benchmarked under the Comparable Uncontrolled Price method against an international foreign-currency lending rate, with LIBOR accepted rather than domestic prime lending rates. The transfer-pricing adjustment therefore requires recomputation by applying the applicable LIBOR rate to the interest-free loans. Deductions for a loan and consultancy advance written off require documentary evidence that the amounts arose and were written off in the course of business. As the business nexus was not sufficiently substantiated, the deductions remain disallowed.
Circular No. PUBLIC NOTICE NO. 76/2026 Dated:- 31-7-2026 Trade Notice Dated:- 31-7-2026 Trade Notice
All Cargo Terminals Ltd. is appointed as custodian under Section 45(1) of the Customs Act, 1962 for imported goods landed at Kamarajar Port and received at its container freight station until clearance for home consumption, warehousing or transhipment. It is also custodian of export cargo received at the facility until export. The custodian must comply with Section 45, the Handling of Cargo in Customs Areas Regulations, 2009, and applicable instructions.
Corp. Laws / SEBI / IBC
Dated:- 7-8-2026
PTI
Direct Benefit Transfer of social security and welfare pensions is to be made mandatory through Aadhaar-linked bank accounts, replacing cooperative-bank doorstep distribution. Home delivery continues for completely bedridden beneficiaries and others who cannot be excluded. The change addresses delays in remitting undistributed amounts, record-update and reconciliation deficiencies, duplicate payments linked to incomplete Aadhaar-based payments, delivery incentive costs, and the need to comply with Direct Benefit Transfer norms to avoid loss of central financial assistance.
Customs & Trade
Dated:- 7-8-2026
PTI
Customs and trade data showed that China's July export and import growth moderated and its trade surplus narrowed from the preceding month. Typhoon-related port disruptions affected trade flows, but demand for electronics and green technology products supported elevated values. High-technology items, vehicles, electronics and machinery recorded strong January-July export growth, while trade performance varied among the United States, the European Union and Southeast Asia.
Circular No. PUBLIC NOTICE NO. 79/2026 Dated:- 31-7-2026 Trade Notice Dated:- 31-7-2026 Trade Notice
Customs area status is declared for the premises of M/s. Chandra CFS and Terminal Operators Pvt. Ltd. under section 8(b) of the Customs Act, 1962. The area may handle imported FCL and LCL cargo, other than passenger unaccompanied baggage, arriving from Kamarajar Port, and export cargo until export. Cargo handling must comply with the Handling of Cargo in Customs Areas Regulations, 2009 and applicable public notices.
Circular No. PUBLIC NOTICE NO. 80/2026 Dated:- 31-7-2026 Trade Notice Dated:- 31-7-2026 Trade Notice
M/s. Chandra CFS and Terminal Operators Pvt. Ltd. is appointed as custodian of imported goods landed at Kamarajar Port, Ennore and received at its container freight station, until clearance for home consumption, warehousing, or transhipment. It is also custodian of export cargo brought into its premises until export from the port. The entity must comply with Section 45 of the Customs Act, the Handling of Cargo in Customs Areas Regulations, 2009, and applicable instructions.
Circular No. 35/2026 Dated:- 6-8-2026 Circular Dated:- 6-8-2026 Circular
Personal postal imports through Foreign Post Offices are processed through the FPO Import Application using risk-based assessment and system-based facilitation. Postal authorities must electronically present imported articles on arrival. Physical examination is limited to risk-selected or otherwise identified articles, with reasons recorded for examination of facilitated articles. Additional documents may be sought through a specific and consolidated Document Call Letter. Clearance is issued after assessment and Customs formalities, and delivery is prohibited until clearance is authorised and applicable Customs duty is paid or realised.
Circular No. Public Notice No. 93/2026 Dated:- 3-8-2026 Trade Notice Dated:- 3-8-2026 Trade Notice
International Transshipment-FCL container movement between Port Terminals and designated CFSs no longer requires physical verification by the Preventive Officer at the terminal gate. Port Terminal Operators must verify container numbers and seal integrity, using the EIR copy for exit movements. Customs control continues through the Custodian-cum-Carrier Bond. Container-number or seal discrepancies must be reported immediately to the jurisdictional AC/DC, and further processing requires permission of the proper officer. Other SOP requirements and Customs Act checks remain applicable.
Circular No. PUBLIC NOTICE NO. 94/2026 Dated:- 3-8-2026 Trade Notice Dated:- 3-8-2026 Trade Notice
The additional land parcel allotted to M/s Gateway Terminals India Pvt. Ltd. is included in its existing Customs Area, and the operator is appointed custodian and Customs Cargo Service Provider for that area. The area may be used for authorised customs-related handling of EXIM cargo under the applicable licence. The provider must comply with customs and cargo-handling requirements, maintain prescribed security and infrastructure, and obtain prior approval for changes in layout, boundary or use. Approval remains co-terminus with the land licence unless earlier modified, withdrawn or cancelled.
Circular No. Trade Notice No. 16/2026-27 Dated:- 6-8-2026 Trade Notice Dated:- 6-8-2026 Trade Notice
DPIIT-recognized start-ups may register on the "Source from India" feature of the Trade Connect ePlatform and receive a unique start-up badge where applicable eligibility conditions are met. A special exception allows such start-ups to register despite not meeting general exporter eligibility requirements, provided they hold an active IEC and are not included in the Denied Entity List. Users must link their Trade Connect accounts to eligible IECs, submit export details and declarations, and obtain approval before their microsites become publicly visible.
News and Press Release
Dated:- 7-8-2026
BRICS industrial cooperation under PartNIR was strengthened through a Joint Declaration and institutional measures addressing MSMEs, photovoltaics, startup-led innovation, and resilient transport and logistics. The measures include an SME cooperation framework, Terms of Reference and an Action Plan for photovoltaic industry cooperation, and a startup innovation action plan. Trade discussions focused on the multilateral trading system, MSME participation in international trade, resilient global value chains, and cross-border digitally delivered services within a rules-based trading framework.
Customs, DGFT & SEZ
Dated:- 7-8-2026
BIOFACH INDIA 2026 promotes certified organic exports by providing a platform for Indian organic enterprises to showcase diverse certified products and engage with overseas buyers through structured Buyer-Seller Meets. Technical sessions address organic certification, traceability, sustainability, quality standards, international regulatory requirements and export-market expectations. The initiative supports quality assurance, international market access, export linkages and sustainable agricultural practices across the organic value chain.
By: - Bimal jain
Attorney-client privilege restricts investigative summons requiring an Advocate to disclose professional legal advice. Advocates should ordinarily be summoned only in rare and exceptional circumstances, with due care and caution by authorities. Communications, documents and advice protected under the Bharatiya Sakshya Adhiniyam may be disclosed only with client consent or where statutory exceptions concerning illegal purpose, crime or fraud apply. A summons invoking an exception should state its factual basis and carry superior-officer approval. Privilege does not bar production of pre-existing documents, and may not apply where the Advocate personally participates in alleged illegality.
By: - Raj Jaggi
Vicarious criminal liability under Section 137 of the CGST Act arises from an offence alleged to have been committed by a company. Where the company is the registered person and the entity alleged to have availed or utilised wrongful input tax credit, it must be arraigned as the principal accused before directors or officers may be proceeded against on a vicarious basis. Allegations of a director's active involvement do not replace the requirement to include the company, while responsibility, consent, connivance, or negligence must be established under the statutory framework.
By: - Vivek Jalan
Section 153C permits proceedings against a person other than the searched person when books, documents or assets found in a search pertain to that other person and indicate undisclosed income or assets. The Finance Act 2015 amendment replacing the "belongs to" test with "pertains to" is presented as applicable where the search preceded 1 June 2015 but the material was seized by the non-searched person's Assessing Officer after the amendment and notice was later issued. The article supports a purposive interpretation that preserves the amendment's expanded scope.
By: - Raj Jaggi
Service taxability depends on the real legal character of each receipt and satisfaction of statutory elements, not merely on accounting descriptions or differences between returns and financial statements. Investment profit received in the capacity of an investor cannot be equated with consideration for management services merely because the same person also provides taxable services. Copyright royalty cannot be taxed as Intellectual Property Service where copyright is statutorily excluded. Genuine CENVAT credit should not be denied for curable procedural defects, and extended limitation requires positive evidence of suppression or intent to evade beyond disclosed accounting records.
By: - YAGAY and SUN
India's foreign trade compliance framework combines customs, tariff, foreign trade policy, authorisations, procedural requirements, and allied regulatory obligations. Compliance depends on accurate Harmonized System classification, complete customs valuation, satisfaction of Rules of Origin for preferential tariffs, and adherence to licensing, exemption, and export-promotion conditions. Businesses should maintain consistent transaction records, accurate electronic declarations, and supporting evidence for audits. Internal reviews, staff training, periodic compliance audits, and monitoring of policy changes, sanctions, export controls, and intellectual-property requirements help manage cross-border regulatory risk.
By: - YAGAY and SUN
A business project report should present the proposed enterprise through business, market, technical, organizational, marketing, financial, risk, legal, and implementation analyses. Financial analysis should address project costs, capital needs, financing sources, projected statements, cash flows, break-even position, profitability, and return on investment. Statutory and legal compliance should cover business registration, licences, tax registrations, labour-law compliance, environmental clearances, small-enterprise registration where relevant, and intellectual-property protection. The report should also include implementation scheduling, findings, references, appendices, and consistent professional formatting.
By: - YAGAY and SUN
Business project reporting structures a proposed or existing enterprise into an operational, financial, and compliance plan. It assesses technical, market, financial, managerial, economic, and social feasibility; identifies market demand, technical requirements, organisational arrangements, capital needs, projected income, cash flows, profitability, and implementation strategy. The report should document applicable registrations, tax and labour obligations, environmental approvals, licences, sector-specific permissions, and intellectual-property protection. It also identifies market, financial, operational, technological, legal, regulatory, and strategic risks, with mitigation through monitoring, contingency planning, insurance, diversification, and internal controls. Periodic updating is required because projections depend on data and assumptions that may change.