The Supreme Court held that a delayed and inoperative scheme under the Companies Act cannot stall CIRP, restoring insolvency proceedings under Section 7 of the IBC.
Draft Rules 103 to 107 of the Income-tax Rules, 2026 define key expressions, eligibility, consultation, application, and withdrawal procedures for Advance Pricing Agreements to provide structured and transparent APA implementation.
Draft Rules 101 and 102 of the Income-tax Rules, 2026 prescribe the procedure for opting safe harbour in income attribution cases and clarify that taxpayers cannot invoke Mutual Agreement Procedure once the option is validly exercised.
Rule 100 mandates minimum profit margins of 4% and 2% for specified businesses to qualify for safe harbour, while restricting deductions and loss set-offs to ensure certainty and simplified taxation.
Rule 99 defines eligible assessees, businesses, goods, and gross receipts for safe harbour in income attribution cases, covering foreign diamond miners and electronics manufacturing through custom bonded warehouses.
CBIC has allowed Eligible Manufacturer Importers to avail deferred payment of customs duty from 1 April 2026. The circular outlines strict eligibility criteria and compliance safeguards to ensure faster clearance and improved trade facilitation.
Rule 98 introduces a structured filing, verification, and appeal mechanism with strict timelines, ensuring deemed acceptance of safe harbour for specified domestic transactions if authorities fail to act within prescribed periods.
Rule 97 allows automatic acceptance of transfer prices for specified domestic transactions where electricity tariffs are regulator-approved and milk pricing is quality-based and transparent, eliminating comparability adjustments.
Rules 92–96 exclude safe harbour benefits for transactions with entities in notified or low-tax jurisdictions and deny MAP where safe harbour is accepted, while introducing domestic safe harbour relief for electricity and dairy co-operative transactions.
Rule 91 provides a five-year safe harbour regime for eligible IT service transactions with electronic verification, time-bound acceptance, and structured compliance requirements. The provision ensures transfer pricing certainty while restricting re-entry after withdrawal.
