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Notification No. SEBI/LAD-NRO/GN/2026/314 Dated:- 23-7-2026 SEBI
The corrigendum corrects clause numbering in inserted Schedule IB of the English version of the municipal debt securities amendment notification. In paragraph 9.a, clauses (vi) to (x) are renumbered as clauses (i) to (v). In paragraph 9.b, clauses (iv) to (vi) are renumbered as clauses (i) to (iii).
By: - Rakesh Garg
GST appeal limitation may require exclusion of time rather than condonation of delay. Section 14 principles may exclude time spent diligently and in good faith pursuing the same dispute before a forum unable to entertain it for lack of jurisdiction or a similar cause. The claim requires a bona fide mistake, continuous prosecution, the same matter in issue, and prompt recourse to the competent forum. Exclusion changes limitation computation but does not extend or revive a remedy whose original limitation had expired before the earlier proceeding began. A complete chronology, specific pleadings, and supporting evidence are essential.
By: - Pradeep Yadav
Customs Cargo Service Provider custodianship under the Handling of Cargo in Customs Areas Regulations, 2009 requires proportionate regulatory action. Revocation is the severest civil consequence and is not automatic for every custody or security breach. The assessment must consider the nature of the breach, the provider's conduct, surrounding circumstances, and evidence of conscious facilitation. Supervisory negligence is distinct from active involvement in an offence, and employee misconduct alone should not invariably trigger revocation through vicarious liability. Written notice, defence opportunity, and monetary penalty mechanisms apply under the regulatory framework.
By: - K Balasubramanian
Section 75(4) requires a personal hearing when a written request is made by the person chargeable with tax or penalty, or when an adverse decision is contemplated. Failure to grant the hearing is treated as a breach of the mandatory statutory requirement and principles of natural justice. The article also highlights concerns over composite show-cause notices for multiple years, limitation for notices and adjudication orders, and the need to apply section 74 only where its statutory conditions are met.
By: - Dr. Sanjiv Agarwal
GST inspection permits verification at taxable persons' business premises and locations connected with transport, storage, goods or records. Written authorisation based on reasons to believe is required where suppression of transactions or stock, excess input tax credit, tax-evasion contraventions, tax-unpaid goods, or evasive recordkeeping is suspected. Officers must remain within the authorised scope; inspection differs from search, and conversion to search requires separate authorisation. The procedure addresses authorisation, verification of premises, seizure and prohibition orders, provisional release, disposal, and subsequent proceedings.
By: - Raj Jaggi
Mandatory statutory disclosures on packaged goods, including a manufacturer's name, address and regulatory particulars, must be distinguished from voluntary commercial branding for GST exemption purposes. Whether goods bear a brand name depends on the physical package, the purpose and manner of the marking, statutory compulsion and its trade function; invoice details alone do not determine the character of the goods. Institutional packages require analysis under the Legal Metrology framework and cannot automatically be treated as retail pre-packaged and labelled goods. Serious tax recovery allegations require independently supported statutory ingredients.
By: - YAGAY and SUN
Deletion or renumbering of a Customs Tariff or DGFT ITC(HS) item does not itself remove taxability or regulation of the goods. Goods continue to be classified under the revised tariff structure using applicable interpretative rules, notes, and descriptions. Customs duty, GST, exemptions, licensing, restrictions, and preferential benefits depend on the successor classification and relevant notifications, not the deleted number alone. Changes operate prospectively unless expressly otherwise. Businesses must identify replacement codes and update customs, trade-policy, and internal compliance records.
By: - YAGAY and SUN
India's EXIM policy seeks to combine Vocal for Local domestic-capacity building with market access and tariff liberalisation under FTAs and related agreements. While trade agreements can support exports, investment, technology transfer and global value-chain participation, they may also expose farmers, MSMEs, dairy, fisheries and tariff-sensitive manufacturers to import competition, non-tariff barriers and compliance burdens. A calibrated framework of sensitive lists, tariff-rate quotas, phased reductions, safeguards, quality controls and robust rules of origin, alongside domestic support for technology, credit, logistics and standards, is necessary to balance openness with protection of vulnerable sectors.
By: - YAGAY and SUN
Patent registration and enforcement in India, the United States and the European Union differ in patentability, examination, enforcement and public-interest policy. India requires novelty, inventive step and industrial applicability, excludes specified subject matter, and restricts evergreening through its public-interest framework. The United States follows a first-inventor-to-file system with automatic examination and stronger commercialisation incentives. The European framework combines European Patent Office prosecution with European Patent, Unitary Patent and Unified Patent Court mechanisms. Enforcement may involve injunctions, damages and other remedies, with differing standards concerning equity, proportionality, public interest and FRAND obligations.
GST
Dated:- 30-7-2026
Proposed e-Way Bill enhancements have been kept on hold until further notice. Stakeholders are not required to make production-environment changes pursuant to the earlier advisories concerning those enhancements. The related advisories and FAQs are to be withdrawn from the GST Portal pending further communication.
Customs, DGFT & SEZ
Dated:- 30-7-2026
Innovation-led industrial growth is linked to deep technology, research and development, skilled manpower, startups, MSMEs and globally competitive manufacturing. Public initiatives include long-term risk capital for emerging technologies, affordable computing capacity and semiconductor investment support. Startups are encouraged to move from prototypes to commercialisation through industry adoption and early domestic investment. Manufacturing and MSME policy emphasise technology adoption, automation, productivity, branding and uncompromising quality. Free Trade Agreements are presented as supporting global market access and export expansion.
Director liability for company tax dues requires statutory assessment, while the director must prove absence of fault.
Section 39 permits recovery of a company's tax dues from a director only after reasoned consideration of the company's available assets, the director's position when the tax became due, and the statutory conditions for personal recovery. Before proceeding against personal assets, the director's defence that non-recovery from the company was not caused by negligence, misfeasance or breach of duty must be examined. The burden of proving that absence of fault rests on the director, rather than on the Revenue. Personal recovery may proceed only after this statutory assessment and determination.
Statutory tax concessions continue until expressly withdrawn, preserving the concessional rate for audio cassettes classified as electronic goods.
Audio cassettes classified as electronic goods under G.O.Ms.No.252 remained eligible for the concessional sales tax rate despite the later introduction of Entry 10 in the First Schedule to the Andhra Pradesh General Sales Tax Act, 1957. A concession granted by statutory notification operates independently and continues unless expressly withdrawn, superseded, or rescinded. As the Government Order remained in force during the relevant assessment year, its technical classification bound the taxing authorities, and Entry 10 did not impliedly extinguish the concession.
Food supplement classification remains residuary where therapeutic character and lawful drug-sale compliance are not established for concessional taxation.
Food supplements purchased and sold unchanged cannot be reclassified as proprietary Ayurvedic medicines for concessional taxation without proof of therapeutic character and compliance with drug-sale regulatory requirements. The Common Parlance Test and Authoritative Test do not establish medicinal status merely because a manufacturer holds a drug licence or a lower tax rate is claimed. Products must be intended and shown to diagnose, treat, mitigate or prevent disease, and be marketed lawfully as drugs. Absent those conditions, they remain residuary goods taxable at the applicable higher rate. Regulatory exemptions relating to Ayurvedic, Siddha and Unani drugs do not remove licensing requirements for their manufacture or sale. Costs may be awarded where appellate powers contain no prohibition and litigation is vexatious.
Input tax credit on DEPB licence purchases fails where licences do not independently satisfy taxable-goods conditions.
Input tax credit for tax paid on purchasing Duty Entitlement Passbook licences is unavailable where the licences do not independently meet the statutory conditions for credit. Although a DEPB licence constitutes goods, credit is confined to purchases of taxable goods specified in the First Schedule and used for qualifying purposes. DEPB licences are distinct from the imported plastic granules acquired through their use and are not themselves specified in the First Schedule. The governing principle is that classification as goods under the general definition does not by itself establish input tax credit entitlement; the purchase must separately satisfy the specific statutory requirements for taxable goods and qualifying transactions.
Supplementary invoice credit is barred for supplier tax evasion, but recipient penalties require culpable conduct.
CENVAT credit on supplementary invoices is barred under Rule 9(1)(bb) where the supplier's additional service tax becomes recoverable due to fraud, suppression, wilful misstatement or other conduct intended to evade tax. Departmental detection of the supplier's earlier non-payment, together with only partial immunity and reduced penalty before the Settlement Commission, supported application of that exclusion; denial of credit with interest was therefore sustained. Penalty for wrongful credit availment requires culpable omission or conduct by the recipient. As the invoices contained the prescribed duty-payment and taxable-value particulars and no omission was attributable to the recipient, penalty under Rule 15(2) read with Section 11AC was not imposable.
Cenvat Credit for factory set-up services remains available where directly linked to manufacture and not specifically excluded.
Cenvat credit on services used for fabrication, erection of pipelines, welding, cutting and flange fixing to establish a manufacturing facility remains available after 1 April 2011 where the services have a direct nexus with manufacture and are not specifically excluded as construction of a building or civil structure. The removal of an express reference to factory set-up from the inclusive part of the input-service definition does not displace coverage under its main limb. Disclosure of total credit in monthly returns is sufficient where no law requires service-wise disclosure; failure to provide non-mandated details cannot establish suppression or wilful misstatement, and does not support extended limitation or penalty.
Buyer reimbursement of Cenvat reversal is not excise-duty collection merely because an invoice labels it as duty.
Reimbursement by a buyer of an amount reversed under Rule 6(3)(a)(i) of the Cenvat Credit Rules for exempt clearances does not constitute an amount collected as representing excise duty merely because it appears in an invoice's excise-duty column. Exempt goods carry no excise-duty liability, and statutory records and ER-1 returns showing the prescribed reversal support the payment's character as Cenvat-related reimbursement. Where the parties' agreement identifies the payment as reimbursement, invoice nomenclature cannot alter its legal nature. Section 11D does not apply because no amount was collected by representing it as excise duty.
Sale of seller-developed plots is an immovable-property transfer, while extended limitation requires proven intent to evade tax.
Sale of seller-developed plots constitutes a transfer of immovable property, not taxable Site Formation and Development Service, where development is undertaken before sale and no service is rendered to purchasers. Advances received under a flat-sale scheme did not alter this character where flats were not sold and the advances were refunded or adjusted against plot sales. Extended limitation requires evidence of fraud, wilful misstatement, suppression, clandestine activity, or deliberate intent to evade tax; mere non-payment, delayed filing, or an interpretative difference is insufficient. Accordingly, the demand was time-barred and the related interest and penalties were set aside.
Foreign bank charges on export remittances do not trigger reverse-charge service tax without an Indian service recipient relationship.
Foreign-bank charges deducted from export proceeds do not constitute consideration for services received by an Indian exporter where the foreign bank provides letter-of-credit and remittance services to its overseas buyer-client. The exporter has no direct contractual or service-recipient relationship with the foreign bank and receives relevant banking services from its Indian banker when export documents are negotiated. As the foreign service provider and its recipient are outside the taxable territory, foreign-currency remittance and deductions retained by the foreign bank do not establish a taxable service received in India. Accordingly, the exporter is not liable to service tax under the reverse charge mechanism.