Categories
Blog Updates

[Global IDT Insights] EU-India Free Trade Agreement – Tariff & Market Access Highlights

EU-India free trade agreement

Global IDT Insights provides a weekly snippet of tax news specifically related to Indirect Taxes from around the globe.

1. EU-India Conclude Landmark Free Trade Agreement – Tariff Measures for Mutual Market Access

The European Union (EU) and India have concluded negotiations for a landmark free trade agreement (FTA), marking the most ambitious trade opening ever granted by India and the largest FTA for the EU. The agreement strengthens economic and political ties between the two economies and highlights their commitment to rules-based trade, economic openness, and sustainable development.

The guidance outlines tariff reductions, market access for goods and services, intellectual property (IP) protections, and sustainability commitments. It also details preferential treatment for EU businesses in India, protection of sensitive sectors, and mechanisms to support small and medium enterprises (SMEs) in both regions.

Key aspects of this agreement include:

(a) Tariff Reductions on Industrial and Agri-food Products – India will eliminate or reduce tariffs on 96.6% of EU goods exports, saving approximately €4 billion per year in duties. Tariffs on cars will gradually decrease from 110% to 10%, while tariffs on car parts will be fully abolished within five to ten years. Machinery, chemicals, and pharmaceuticals will also benefit from substantial tariff reductions.

For agri-food products, Indian tariffs on wines will be cut from 150% to 75% at entry into force and eventually to 20%. Olive oil tariffs will fall from 45% to zero over five years, and tariffs of up to 50% on processed agricultural products, such as bread and confectionery, will be removed.

All goods imported into India must continue to comply with the EU’s strict health and food safety regulations. This ensures that while India reduces tariffs, European exporters must meet EU standards when bringing products into India.

(b) Market Access and Services Provisions – EU companies will obtain privileged access to India’s services market, including financial services and maritime transport. The agreement includes India’s most ambitious commitments on financial services to date, exceeding commitments made to other trading partners.

Both EU and Indian SMEs will benefit from dedicated contact points to navigate the FTA’s provisions and gain access to information on tariffs, regulatory requirements, and procedural support.

(c) Intellectual Property Protection – The agreement ensures a high level of IP protection and enforcement, covering copyright, trademarks, designs, trade secrets, and plant variety rights. It aligns Indian and EU IP laws with existing international treaties, facilitating trade and investment for businesses reliant on IP assets.

(d) Sustainable Development and Environmental Commitments – A dedicated chapter addresses environmental protection, climate change, labour rights, and women’s empowerment. The EU and India will establish a platform for cooperation on climate action, with €500 million in EU support over the next two years to help India reduce greenhouse gas emissions and promote sustainable industrial transformation.

(e) Implementation and Next Steps – The negotiated draft texts will undergo legal revision, translation, and adoption processes in the EU. Following the European Parliament’s consent, Council approval, and India’s ratification, the agreement will enter into force. Separate negotiations on Geographical Indications and Investment Protection remain ongoing to complement the FTA framework.

Source – Official Source

Click Here To Read The Full Article

The post [Global IDT Insights] EU-India Free Trade Agreement – Tariff & Market Access Highlights appeared first on Taxmann Blog.

source

Categories
Blog Updates

Revenue Recognition in Real Estate under Ind AS 115 | Case Analysis

Revenue recognition in real estate

1. Introduction

Revenue recognition for construction contracts requires careful judgment due to their long-term nature and evolving scope. Ind AS 115 introduces a principles-based approach that focuses on the transfer of control rather than the completion of activities. Under this standard, entities must assess whether revenue is recognised over time or at a point in time, determine appropriate measures of progress, and estimate variable consideration arising from variations and claims. Given the complexity and uncertainty inherent in construction contracts, applying Ind AS 115 consistently is critical to ensure that revenue reflects the actual performance of the entity.

2. Challenges in Applying POCM by Real Estate Companies

Real estate companies often face significant challenges in applying the Percentage of Completion Method (POCM) under Ind AS 115. This is primarily because the criteria for recognising revenue over time—specifically, the transfer of control of a good or service to the customer—are rarely met in typical real estate arrangements.

The September 2017 “IFRIC Update” examined this issue in detail and concluded that, in most multi-unit real estate developments, the criterion relating to control over an asset created or enhanced by the entity is not fulfilled. As a result, revenue recognition over time using POCM is generally not permitted in such cases.

The IFRIC highlighted the following key considerations:

a) The asset created by the entity’s performance is the real estate unit itself, not the contractual right to receive the unit in the future. The ability to sell or pledge this contractual right does not indicate control over the real estate unit under construction.

b) Control must be assessed with reference to the part-constructed unit. During construction, customers typically do not have the ability to direct the use of, or obtain substantially all the remaining benefits from, the real estate unit.

c) Although customers may be exposed to changes in the market value of the unit, such exposure alone does not provide the ability to direct its use as construction progresses.

d) Rights that allow customers (collectively) to replace the developer in the event of non-performance are protective in nature and do not indicate control.

Accordingly, customers do not control the part-constructed real estate unit, and the over-time revenue recognition criterion based on control is generally not met.

There is another pathway under Ind AS 115 that may allow some real estate entities to apply POCM. An entity must demonstrate that the asset being constructed has no alternative use and that it has an enforceable right to payment for performance completed to date. In practice, this criterion is also rarely satisfied, as contracts often do not provide such rights, or applicable laws may prohibit recovery for work performed if the contract is terminated.

3. Para 35 of Ind AS 115

An entity transfers control of a good or service over time and, therefore, satisfies a performance obligation and recognises revenue over time, if one of the following criteria is met:

a) the customer simultaneously receives and consumes the benefits provided by the entity’s performance as the entity performs

b) the entity’s performance creates or enhances an asset (for example, work in progress) that the customer controls as the asset is created or enhanced, or

c) the entity’s performance does not create an asset with an alternative use to the entity,and the entity has an enforceable right to payment for performance completed to date

Click Here To Read The Full Story

The post Revenue Recognition in Real Estate under Ind AS 115 | Case Analysis appeared first on Taxmann Blog.

source

Categories
Blog Updates

HC Dismisses Plea Against Auction of Mortgaged Asset

SARFAESI auction redemption period

Case Details: Nazir Ahmad Bhat vs. Chairman/ Managing Director J&K Bank Corporate Office - [2026] 182 taxmann.com 310 (HC-Jammu & Kashmir and Ladakh)

Judiciary and Counsel Details

  • Sanjeev Kumar & Sanjay Parihar, JJ.
  • Tariq M. ShahZahid Ahmad, Advs. for the Appellant.
  • Ms Insha RashidMs Taniya, Advs. for the Respondent.

Facts of the Case

In the instant case, the petitioner-borrower availed a cash credit facility from the respondent-bank, secured by a mortgage of an immovable property. Due to default, the account was classified as NPA. The possession notice was issued under section 13(4) of the SARFAESI Act.

The Bank issued an e-auction notice under Rule 8(6) of the Security Interest (Enforcement) Rules, 2002, for the of a sale secured asset, and later issued an addendum extending the bid submission deadline and rescheduling the auction date. The Successful bidder deposited consideration, and a sale certificate was issued.

The petitioner then challenged the possession notice, the e-auction notice, the addendum and the sale certificate, alleging deprivation of the statutory 30-day period under Rule 9(1) to clear dues.

High Court Held

The High Court held that the petitioner was not deprived of a 30-day opportunity, as he had more than three months from the initial auction notice to date of the auction to redeem the secured asset; thus, the contention was untenable. Further, since the petitioner failed to clear outstanding dues despite sufficient opportunity, the petition was liable to be dismissed.

List of Cases Reviewed

List of Cases Referred to

The post HC Dismisses Plea Against Auction of Mortgaged Asset appeared first on Taxmann Blog.

source

Categories
Blog Updates

HC Upholds Reduction of EPF Damages to 25%

Reduction of EPF damages

Case Details: Central Board of Trustees Employees Provident Fund vs. Holy Cross Girls Higher Secondary School - [2025] 181 taxmann.com 928 (HC - Chhattisgarh)

Judiciary and Counsel Details

  • Ramesh Sinha, CJ. & Ravindra Kumar Agrawal, J.
  • Sunil Pillai, Adv. for the Petitioner.

Facts of the Case

In the instant case, the respondent-employer was covered under the Employees’ Provident Fund & Miscellaneous Provisions Act, 1952. It was found that the respondent had failed to deposit the provident fund contributions for its employees within the stipulated time. Accordingly, the competent authority initiated proceedings under section 14B of the Employees’ Provident Funds and Miscellaneous Provisions Act, 1952, for default in furnishing information and levied damages under section 14B and interest under section 7Q of the Act.

The respondent admitted the delay in depositing the contribution, and the authority passed an order directing the respondent to pay damages under section 14B and interest under section 7Q of the Act.

On appeal, the Appellate Tribunal reduced the damages under section 14B to 25 per cent of the assessed amount, while affirming the liability under section 7Q. The Single Judge dismissed the writ petition and held that reducing the penalty/damages to 25 per cent of the assessed amount by the Appellate Tribunal was just and proper. Thereafter, an appeal was made before the High Court.

High Court Held

The High Court held that the order passed by a single judge was based on a proper appreciation of the facts of the case as well as provisions of law, and also the ratio laid down by the Kerala High Court in Central Board of Trustees v. Bake ‘N’ Joy Hot Bakery [2024] 1 taxmann.com 9413 (Kerala). Therefore, the writ appeal was to be dismissed.

List of Cases Reviewed

List of Cases Referred to

The post HC Upholds Reduction of EPF Damages to 25% appeared first on Taxmann Blog.

source

Categories
Blog Updates

Provision for Salary Revision Allowed as Accrued Liability | ITAT

Provision for salary revision

Case Details: Haffkine Bio Pharmaceutical Corporation vs. ACIT [2026] 182 taxmann.com 695 (Mumbai-Trib.)

Judiciary and Counsel Details

  • Anikesh Banerjee, Judicial Member & Prabhash Shankar, Accountant Member
  • Mayur Makadia for the Appellant.
  • Hemanshu Joshi, SR DR for the Respondent.

Facts of the Case

The assessee, a Government of Maharashtra undertaking, has consistently followed the same method of creating provisions for salary revisions since the financial year 1976-77. It was bound to implement the Pay Commission’s recommendations as and when sanctioned by the State Government.

During the relevant assessment year, the assessee created a provision for salary on account of the expected increase in annual personnel cost arising from the implementation of the Sixth Pay Commission. The matter reached the Mumbai Tribunal.

ITAT Held

The Tribunal held that the assessee consistently followed the same method of creating provisions towards salary revision since the financial year 1976-77, based on past experience and a reasonable estimation of the enhanced liability. The provision in question was created in respect of services already rendered by the employees during the relevant previous year, and only the quantification of the enhanced salary was deferred to a future date, subject to formal approval.

The liability, therefore, had accrued during the year under consideration and cannot be characterised as contingent in nature. The mere deferment of approval or payment does not render the liability contingent. In view of the consistent accounting practice followed by the assessee, the binding nature of the Pay Commission recommendations, and the settled legal position that a provision for an accrued but unquantified liability is allowable as a deduction, the disallowance of the provision was unjustified.

List of Cases Reviewed

List of Cases Referred to

The post Provision for Salary Revision Allowed as Accrued Liability | ITAT appeared first on Taxmann Blog.

source

Categories
Blog Updates

Bail Denied in Fake Firms GST Evasion Case | HC

GST evasion bail denied

Case Details: Narendra Choudhary vs. Union of India - [2026] 182 taxmann.com 641 (Rajasthan)

Judiciary and Counsel Details

  • Sameer Jain, J.
  • Prem Sukh Choudhary for the Applicant.
  • Akshay BhardwajMrs Asmita SharmaG.K. Sudhakar, Asst. Director, Mahesh Kumar, SIO & Hemant Kumar Tanwar, IO for the Respondent.

Facts of the Case

The accused-applicant was taken into custody pursuant to proceedings initiated by the Directorate General of GST Intelligence (DGGI) in connection with allegations of organised GST evasion in the marble trade, involving the creation and operation of multiple bogus firms, fraudulent generation of e-way bills, clandestine clearance of goods, and coordination with co-accused. It was submitted on behalf of the applicant that continued custody exceeding three and a half months was unwarranted since a charge-sheet had been filed, there were no criminal antecedents, the alleged offences were triable by a Magistrate and compoundable, and one co-accused was already in custody while the alleged mastermind remained unapprehended. The DGGI opposed the bail application, contending that the applicant had played an active role in setting up about thirteen fake entities, facilitating large-scale tax evasion through non-filing of returns and clandestine removals, and attempting to destroy documents recovered during search proceedings. It was further contended that the investigation was ongoing, and the quantum of alleged evasion continued to increase as the investigation progressed, and that custodial release could adversely affect the investigation. The matter was accordingly placed before the High Court.

High Court Held

The High Court held that the allegations disclosed a large-scale and structured GST fraud with serious revenue implications. It held that the magnitude of alleged evasion had escalated and that the investigation was still at a crucial stage, with key conspirators yet to be apprehended. The Court held that the release of the applicant could impede tracing of proceeds and securing of revenue, particularly in view of the allegation relating to the attempted destruction of evidence. It further held that the precedents relied upon by the applicant were distinguishable and that economic offences warranted stricter scrutiny, and, finding prima facie material indicating an active role of the applicant, declined enlargement on bail and dismissed the application.

List of Cases Referred to

  • Vineet Jain v. Union of India [2025] 174 taxmann.com 139/99 GSTL 129 (SC) (para 3)
  • Mohit Vijay v. Union of India [2020] 116 taxmann.com 892/38 GSTL 433 (Rajasthan) (para 3)
  • Rajesh Ranjan Yadav v. CBI (2007) 1 SCC 70 (para 6)
  • SFIO v. Nittin Johari [2019] 9 SCC 165 (para 6)
  • Nimmagadda Prasad v. CBI [2013] 7 SCC 466 (para 6)
  • State of Gujarat v. Mohanlal Jitamalji Porwal 1987 taxmann.com 612/[1987] 29 ELT 483 (SC) (para 6)
  • Y.S. Jaganmohan Reddy v. CBI [2013] 7 SCC 439 (para 6)
  • State of Tamil Nadu v. R.Vasanthi Stanley [2016] 1 SCC 376 (para 6)
  • Virupakshappa Gauda v. State of Karnataka [2017] 5 SCC 406 (para 6)
  • Surjeet Singh Chabra v. Union of India 1996 taxmann.com 71/[1997] 89 ELT 646 (SC) (para 6)
  • Tarun Kumar v. Asstt. Director Enforcement Directorate [SLP Criminal Appeal No. 9431 of 2023, dated 20-11-2023] (para 6)
  • Naresh J. Sukhwani v. Union of India 1995 (4) Suppl.SCC 663 (para 6)
  • Radhika Agarwal v. Union of India [2025] 171 taxmann.com 832/[2025] 95 GSTL 225 (SC) (para 6).

The post Bail Denied in Fake Firms GST Evasion Case | HC appeared first on Taxmann Blog.

source

Categories
Blog Updates

[Opinion] Budget 2026 Amendments – A Shift from Judicial Views to Legislative Intent

Budget 2026 amendments legislative intent

Srinath Kumar & Akshay Jain  [2026] 183 taxmann.com 72 (Article)

Finance Bill 2026 has signalled a watershed moment in Indian fiscal policy, heralding a clear shift from a judiciary-led tax environment to one governed by legislative intent. The government, by strongly employing “notwithstanding” clauses and retrospective clarifications, is seeking to resolve long-standing disputes. As on date about 5.4 lakh appeals are pending before the Commissioner of Income tax, as per statistics till 1 April 2025, involving disputed demands of Rs 18.16 lakh crore1.

A striking feature of the Finance Bill 2026, through the various amendments proposed, is the insertion of the phrase “notwithstanding anything contained in any judgment, order or decree of a court.” This wording signals a clear legislative intent to supersede existing judicial pronouncements and to bring an end to the myriad, often conflicting tax disputes that have accumulated over the years. By explicitly stating that the new provisions will prevail over any court made determinations, the Bill seeks to provide a definitive, uniform resolution to multifaceted tax litigation.

Accurate interpretation of tax legislation is essential to uncover the meaning that legislators intended. When taxpayers and tax authorities arrive at divergent readings of the same provisions, the resulting disputes often precipitate costly and protracted litigation. Ensuring a common, well grounded understanding of the law therefore not only upholds statutory purpose but also helps to reduce unnecessary conflict between the parties involved.

Different readings of the Income Tax Act 1961 have repeatedly given rise to protracted litigation. The following provisions, in particular, have been the focus of extensive judicial scrutiny because of conflicting interpretations by taxpayers and the tax administration:

  1. Document Identification Number (DIN) on Tax Orders – Divergent views on whether a DIN is mandatory for every order have led to numerous challenges on the validity of assessments.
  2. Authority to Pass a Reassessment Enquiry – The jurisdictional assessing officer (JAO) versus the faceless assessing officer (FAO) debate revolves around who may legitimately conduct an enquiry for reassessment under Section 148A, creating procedural impasses in several high value cases.
  3. Time Limit for Issuing the Final Assessment Order After a Dispute Resolution Panel (DRP) Decision – Uncertainty over the period within which the assessing authority must finalize the assessment post DRP (whether the period of nine months granted to DRP should also be included in the computation of the limitation period or it has to be excluded) has resulted in repeated extensions and contested orders.
  4. Time Limit for Passing Transfer Pricing Orders – The statutory window for issuing a transfer pricing order under Section 92CA(interpretation on how to calculate period of 60 days of limitation) has been interpreted variably, giving rise to disputes over the applicability of the limitation period.
  5. Time Limit for Depositing Employee Contributions to Welfare Funds – Differing opinions on the deadline for crediting employee contributions to statutory welfare schemes (e.g., EPF, ESIC) (whether they can be deposited before the due date of filing income tax returns or whether they need to be deposited before the respective statutory timelines under the respective laws) have triggered litigation.

The recently enacted Income Tax Act 2025 sets a new benchmark for clarity in tax legislation. Recognising that complex legal jargon can deter comprehension and compliance, the Act rewrites key provisions in plain, everyday language thereby promoting greater transparency, confidence, and voluntary compliance across the nation.

Click Here To Read The Full Article

The post [Opinion] Budget 2026 Amendments – A Shift from Judicial Views to Legislative Intent appeared first on Taxmann Blog.

source

Categories
Blog Updates

Weekly Round-up on Tax and Corporate Laws | 26th January to 1st February 2026

Tax and Corporate Laws; Weekly Round up 2025

This weekly newsletter analytically summarises the key stories reported at taxmann.com during the previous week from Jan 26th  to Feb 01st 2026, namely:

  1. Highlights of the Finance Bill, 2026
  2. FM presents Economic Survey 2025-26; India’s potential growth revised upward to 7%
  3. MCA invites public comments on proposed amendments to IEPFA Rules, 2016 to simplify & expedite low-value investor refunds;
  4. Govt. notifies the draft Occupational Safety, Health and Working Conditions (Coal Mines) Regulations, 2026;
  5. GSTN enhances interest computation mechanism and GSTR-3B functionalities from Jan 2026: Advisory; and
  6. Accounting treatment of additional consideration received pursuant to the Advance Pricing Agreement under Ind AS 115.

1. Highlights of the Finance Bill, 2026

The Union Budget 2026 was presented by Finance Minister Nirmala Sitharaman on February 1, 2026. The Finance Bill 2026 dispelled the hearsay by confirming that the Income Tax Act 2025 will take effect from April 1, 2026. The bill decriminalises certain offences by reducing penalties or replacing them with fees. While income tax slabs remain unchanged, the bill offers relief to individual taxpayers by lowering TCS on overseas travel and remittances to 2% and by exempting interest from motor accident claims. These measures, along with an extended period for revising returns and a disclosure scheme for foreign assets, indicate a move toward a more “trust-based” relationship between the state and its citizens.

In the corporate tax sector, the bill proposes reducing the MAT rate to 14% without any MAT credit claim, expanding the “Safe Harbour” threshold for IT firms, and introducing a tax holiday scheme for cloud computing. These measures aim to reduce litigation and attract high-tech investment. However, the government has also taken a firm stance on speculative trading by increasing the Securities Transaction Tax (STT) on futures and options. Additionally, treating share buybacks as Capital Gains ensures that corporate distributions are taxed more fairly. Overall, the Finance Bill 2026 emphasises administrative ease and sector-specific growth rather than broad-based tax reforms.

Read the Budget Highlights

Taxmann's The Budget [Income-tax | GST | Customs] | 2026-27

2. FM Presents Economic Survey 2025-26; India’s Potential Growth Revised Upward to 7%

The Finance Minister Smt. Nirmala Sitharaman presented the Economic Survey 2025-26 in Parliament on January 29, 2026. The Survey reviews the performance of the Indian economy in the backdrop of a challenging global environment marked by geopolitical tensions, trade fragmentation and financial market volatility. It notes that despite these headwinds, India remains one of the fastest-growing major economies, supported by strong macroeconomic fundamentals, policy reforms, and sustained public investment.

The Survey provides a comprehensive assessment of developments in growth, inflation, fiscal position, monetary conditions, the external sector, and financial stability, along with a detailed review of sectoral performance across agriculture, industry, and services. It also analyses emerging issues such as manufacturing competitiveness, cost of capital, export performance, climate transition, employment and skill development, and the role of technology, including artificial intelligence, in shaping the economy.

The Economic Survey 2025-26 underlines the need to strengthen domestic growth drivers while building resilience against external shocks. It emphasises the importance of improving state capacity, enhancing productivity, promoting competitive manufacturing and exports, and maintaining policy credibility to sustain growth over the medium term.

Read the Overview of the Economic Survey 2025-26

Taxmann's Budget Marathon [5th Edition]—Series of Webinars on the Union Budget 2026-27

3. MCA Invites Public Comments on Proposed Amendments to IEPFA Rules, 2016 to Simplify & Expedite Low-Value Investor Refunds

The Ministry of Corporate Affairs, through the Investor Education and Protection Fund Authority (IEPFA), has invited public comments on the proposed amendments to the IEPFA (Accounting, Audit, Transfer and Refund) Rules, 2016. The proposed amendments aim to simplify procedures, reduce documentation, and expedite the refund process for investors, particularly for low-value claims.

3.1 Background and Objective of the Proposal

The proposed amendments form part of IEPFA’s ongoing efforts to make the refund framework more efficient, transparent, and investor-centric. They seek to address long processing timelines and procedural complexities faced by investors in claiming amounts transferred to the Investor Education and Protection Fund under the Companies Act, 2013.

3.2 Scope of Claims Covered

The amendments apply to refund claims relating to unclaimed dividends, shares, matured deposits, debentures, and other eligible amounts transferred to the IEPF. The focus is on easing compliance requirements and improving turnaround time without compromising verification standards.

3.3 Streamlined Framework for Low-Value Claims

A key feature of the proposal is the introduction of a simplified mechanism for low-value claims, to be processed primarily based on verification by the relevant company. Low-value claims are defined as physical shares with a market value of up to Rs 5 lakh, dematerialised shares with a market value of up to Rs 15 lakh, and dividend claims of up to Rs 10,000.

3.4 Reduced Timelines for Disposal of Claims

For eligible low-value claims, the Authority proposes a significantly reduced disposal timeline of 30 days. The refund process would rely solely on the company’s verification report, enabling faster and hassle-free refunds for investors.

3.5 Rationalisation of Documentation and Procedures

The draft amendments also propose rationalisation of documentation requirements, enhanced procedural clarity and clearer responsibilities for companies. These changes are intended to eliminate duplicative compliance requirements, streamline processing, and improve overall efficiency in handling refund applications.

3.6 Conclusion

If implemented, the proposed amendments are likely to substantially reduce delays in IEPFA refunds, especially for small investors with low-value claims. The combination of simplified procedures, shorter timelines, and reliance on company verification may help ease administrative delays and improve certainty and confidence among investors seeking refunds from the IEPF.

Read the Press Release

Taxmann's Company Law Ready Reckoner

4. Govt. Notifies the Draft Occupational Safety, Health and Working Conditions (Coal Mines) Regulations, 2026

Section 136 of the Occupational Safety, Health and Working Conditions Code, 2020, (OSH&WC Code) empowers the Central Government to make regulations in relation to mines and dock work. Accordingly, the Central Government vide notification dated January 28, 2026, has notified the draft Occupational Safety, Health and Working Conditions (Coal Mines) Regulations, 2026, prescribed under the OSH&WC Code. The draft regulations apply to all coal mines and extend across India. Objections and Suggestions can be submitted within 45 days from the date of publication in the Official Gazette.  The key highlights of the draft Regulations are as follows:

  • Constitution of the Board of Mining Examination  The draft regulations provide for the constitution of a Board of Mining Examination, consisting of the Chief Inspector-cum-Facilitator as the Chairperson and five members possessing a degree in mining engineering. Each member must hold office for 3 years from the date of appointment or until their successor is appointed, whichever is later.
  • Qualifications of Chief Inspector-cum-Facilitator or Inspectors-cum-Facilitators  As per the draft regulations, no person must be appointed as the Chief Inspector cum facilitator or Inspector-cum-Facilitator unless such person holds a degree in mining engineering from an educational institution approved by the Central Government.
  • Safety Management Plan  Under the draft regulations, the owner, agent and manager of every mine must:
    1. identify hazards to the health and safety of the persons employed at the mine to which they may be exposed while at work,
    2. assess the risks to health and safety to which employees may be exposed while they are at work,
    3. follow an appropriate process for identification of the hazards and assessment of risks
    4. record the list of hazards identified and risks assessed, and
    5. make those records available for inspection by the employees.
  • Maintenance of Reports, Records and Registers  As per the draft regulations, all reports, records and registers required to be maintained must be kept in interleaved bound paged registers and signed by the concerned competent persons or officials and countersigned by the manager.
  • Payment of Fees  The draft regulations provide that any fees payable must be paid through an electronic mode or any other means as specified from time to time by the Chief Inspector-cum-Facilitator.
  • Place of Accident Not to Be Disturbed The draft regulations provide that whenever an accident occurs in or about a mine resulting in loss of life or serious bodily injury to any person, the place of accident must not be disturbed or altered before the arrival of or without the consent of the Chief Inspector-cum-Facilitator or the Inspector-cum-Facilitator to whom the notice of the accident has been given. Further, the place of accident must not be disturbed or altered except where such alteration is necessary to prevent any further accident, to remove the bodies of the deceased, or to rescue any person from danger, or where discontinuance of work at the place of accident would seriously impede the working of the mine.
  • Appeal to the Chief Inspector-cum-Facilitator  As per the draft regulations, an appeal against an order made by the Regional Inspector-cum-Facilitator may be preferred before the Chief Inspector-cum-Facilitator, who may confirm, modify or cancel the order. The appeal must be made within 15 days of receipt of the order by the aggrieved person.

Appeal to the Central Government: The draft regulations provide that an appeal against any order made by the Chief Inspector-cum-Facilitator must be made within 20 days of the receipt of the order by the aggrieved person to the Central Government.

Read the Notification

Taxmann.com | Research | Labour laws

5. GSTN Enhances Interest Computation Mechanism and GSTR-3B Functionalities from Jan 2026: Advisory

The GSTN issued an advisory enhancing interest computation and GSTR-3B functionalities, effective from the January 2026 tax period. Interest will be system-computed considering minimum cash balance, liability breakup will auto-populate from GSTR-1/GSTR-1A/IFF, IGST liability may be paid using CGST/SGST ITC after IGST ITC exhaustion, and interest for delayed/cancelled cases will be recovered via GSTR-10. This was stated in the GSTN Advisory, dated 30-01-2026.

About the Update

The GSTN has issued an advisory informing that, from the January 2026 tax period onwards, certain enhancements have been made in the filing of GSTR-3B. The interest computation in Table 5.1 has been updated to provide the benefit of the minimum cash balance available in the Electronic Cash Ledger from the due date of return filing until the date of tax payment, in line with the proviso to Rule 88B (1) of the CGST Rules, with interest for delayed returns of the January-2026 tax period to be auto-populated in the February-2026 tax period. The system-computed interest will be non-editable downward and will represent the minimum interest payable, while taxpayers may amend the values upward based on self-assessment.

The portal will auto-populate the Tax Liability Breakup Table in GSTR-3B based on document dates reported in GSTR-1, GSTR-1A, or IFF relating to previous tax periods where the corresponding liability is discharged in the current period. Once the available IGST ITC is fully exhausted, the portal will allow payment of IGST liability using available CGST and SGST ITC in any sequence. In cases of cancelled taxpayers, where the last applicable GSTR-3B is filed after the due date, the applicable interest shall be levied and collected through GSTR-10.

Read the Advisory

Taxmann's Bare Act with Section Notes

6. Accounting Treatment of Additional Consideration Received Pursuant to the Advance Pricing Agreement under Ind AS 115

Accounting for additional consideration received pursuant to an Advance Pricing Agreement under Ind AS 115, Revenue from Contracts with Customers, often arises when an entity has rendered services to a related party and the final determination of the arm’s length price occurs in a later period.

For example, an Indian subsidiary of a foreign multinational provided back-office and support services to its parent company on a cost-plus basis, recognising revenue based on a 10% mark-up determined using the best information available at the time. Subsequently, during a transfer pricing audit, the tax authorities and the company entered into an Advance Pricing Agreement (APA), finalising a 15% mark-up. The parent entity remitted a lump-sum payment representing the cumulative shortfall for services rendered in earlier years. This raised a question on whether this additional amount should be recognised as revenue in the current financial year or treated as a prior period error requiring restatement, and what disclosures would be required to explain the transaction.

Ind AS 115 provides guidance for such situations. Revenue is recognised when the entity satisfies a performance obligation by transferring control of the promised goods or services to the customer. When consideration is variable, it is included in the transaction price only to the extent that it is highly probable that a significant reversal of cumulative revenue will not occur. Subsequent changes in the transaction price that relate to performance obligations already satisfied are recognised in the period in which the change occurs. Furthermore, entities are required to disclose revenue recognised in the current period from performance obligations satisfied in previous periods and to explain significant judgements and changes in judgements affecting the amount and timing of revenue.

In the present scenario, revenue for earlier periods was correctly recognised based on the information available at that time and therefore does not constitute a prior period error. The APA represents a resolution of uncertainty regarding the transaction price. Accordingly, the incremental amount received relates to services already rendered and should be recognised as revenue in the current financial year when the right to receive the consideration becomes enforceable. Disclosures should clearly explain that the revenue pertains to prior period services, the nature of the additional consideration, and the significant judgements involved in determining the transaction price and timing of recognition.

Read the Story

Taxmann’s Advisory & Research | Use our Legacy for your Advantage

The post Weekly Round-up on Tax and Corporate Laws | 26th January to 1st February 2026 appeared first on Taxmann Blog.

source

Categories
Blog Updates

IFSCA Amends Fund Management Rules on KMP and Scheme Norms

IFSCA Fund Management Regulations

Notification No. IFSCA/GN/2026/006, Dated: 27.01.2026

The International Financial Services Centres Authority (IFSCA) has notified the IFSCA (Fund Management) (Amendment) Regulations, 2026, introducing amendments to the IFSCA (Fund Management) Regulations, 2025. The changes are aimed at rationalising regulatory requirements, enhancing operational flexibility, and strengthening safeguards for fund operations in the IFSC.

1. Rationalisation of Eligibility and Experience Requirements

The amendments streamline the eligibility and experience criteria for key managerial personnel (KMPs) of fund management entities. By recalibrating these requirements, the Authority seeks to balance regulatory oversight with practical industry considerations, facilitating easier onboarding of experienced professionals without compromising governance standards.

2. Flexibility in Validity of Placement Memoranda

The amended regulations provide greater flexibility to extend the validity of placement memoranda, subject to payment of prescribed regulatory fees. This change allows fund managers additional time to complete fundraising or restructuring activities without the need for repeated re-issuance, thereby reducing procedural burden.

3. Minimum Corpus Requirement for Investment in Unlisted Securities

A key safeguard introduced through the amendments is the requirement that open-ended schemes must achieve a minimum corpus before investing in unlisted securities. This measure is intended to ensure adequate fund stability and liquidity prior to exposure to relatively illiquid assets.

4. Regulatory Objective and Impact

The amendments reflect IFSCA’s approach of rationalising compliance while strengthening prudential norms. By easing personnel-related requirements, introducing flexibility in fundraising documentation, and imposing corpus thresholds for unlisted investments, the Authority aims to promote orderly growth of fund management activities in the IFSC.

5. Key Takeaway for Fund Managers

Fund managers operating in the IFSC should review their KMP eligibility, placement memorandum timelines, and investment strategies for open-ended schemes to ensure alignment with the amended regulatory framework under the IFSCA (Fund Management) (Amendment) Regulations, 2026.

Click Here To Read The Full Notification

The post IFSCA Amends Fund Management Rules on KMP and Scheme Norms appeared first on Taxmann Blog.

source

Categories
Blog Updates

Oppression and Mismanagement Plea Dismissed for Lack of Proof | NCLT

oppression and mismanagement petition

Case Details: Tarsem K. Ruby vs. OJAS Medical Services (P.) Ltd. - [2026] 182 taxmann.com 569 (NCLT-Chd.)

Judiciary and Counsel Details

  • Khetrabasi Biswal, Judicial Member & B, Technical Member
  • Karan Gandhi for the Petitioner.
  • Mrs Munisha Gandhi, Sr. Adv., Ms Sanya ThakurMs Rubina VirmaniTarun S. KhairaMs Manveen NarangHarit NarangSurjeet Singh Bhadu, Advs. for the Respondent.

Facts of the Case

In the instant case, the petitioner was a shareholder and director of the respondent company. The petitioner filed a petition under sections 241, 242 and 244, alleging that respondents No. 8 and 9 were involved in systemic financial irregularities and money laundering through Alchemist Group.
The petitioner also alleged that respondents bypassed the mandatory regulatory framework established by the articles of association of respondent No. 1 and section 2(68)(i) of the Companies Act, 2013, for the transfer of shares. The petitioner also challenged the validity of the loan transaction.
It was noted that respondents complied with the principles of pre-emption by offering shares to the petitioner on 25-6-2020, and that, once the petitioner failed to exercise the right of pre-emption through a valid acceptance, respondents were legally entitled to sell those shares to third parties.

Further, the board specifically confirmed the loan actions in its 42nd meeting on 27-4-2021, where the petitioner was present, in the absence of any proven prejudice to the company or evidence of “gross collusion,” the validity of the loan as a bona fide exercise of corporate commercial wisdom was to be upheld.
Moreover, the petitioner failed to establish the essential ingredients for invoking the Tribunal’s jurisdiction in cases of oppression and mismanagement.
The NCLT observed that the petitioner neither during the course of his argument nor in his petition had made specific pleadings or produced any proof of prejudicial conduct in the affairs of the company or of circumstances warranting winding up on just and equitable grounds.

NCLT Held

The NCLT held that the material on record reflected sound financial performance and regularisation of statutory and banking compliances by the respondent company. In view of the foregoing discussion and in the absence of any substantiated allegations, the petition deserved dismissal.

The post Oppression and Mismanagement Plea Dismissed for Lack of Proof | NCLT appeared first on Taxmann Blog.

source