India

Obhan & Associates | English | AcademicThink | Jan. 23, 2026 | Regulation

The Reserve Bank of India (RBI) has notified the Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2026, effective from October 1, 2026, replacing previous regulations from 2015 and related directives. These New Regulations aim to simplify cross-border trade compliance through consolidation, delegation, and procedural clarity without introducing new prohibitions or thresholds. They reorganize how exporters, importers, authorized dealers, and regulators manage foreign trade operations.

Key provisions include a defined timeline for service exporters to submit Export Declaration Forms (EDF) within 30 days from the month-end of invoice issuance, with consolidated EDFs allowed for multiple exports within a month. Software exports are now expressly categorized under services, aligning their procedural requirements accordingly. Export proceeds must be realized and repatriated within 15 months of shipment, invoicing, or overseas warehouse sale, with extensions permissible by authorized dealers. Project exports follow contract payment terms and may have extended timelines. For invoicing in Indian Rupees, the realization period extends to 18 months.

For transactions up to Rs. 10 lakh, authorized dealers may close export and import data entries based on self-declarations without full documentary proof, facilitating ease for smaller operators. Quarterly bulk closures of low-value entries are now permitted. Import payments are aligned with contractual terms, and authorized dealers can grant extensions as needed. Advance remittances remain allowed; however, future remittances may require financial guarantees if prior advances are not settled within the contracted period.

The New Regulations explicitly permit set-off of export receivables against import payables, third-party payments, and reduction or non-realization of export proceeds based on authorized dealers’ assessments. For transactions up to Rs. 10 lakh, exporters’ declarations suffice for realisation adjustments. Merchanting Trade Transactions are now formally regulated, requiring inward and outward remittances within six months, direct payment flows with conditional third-party involvement, and active monitoring by authorized dealers.

EDPMS and IDPMS systems have been upgraded from reporting tools to active compliance mechanisms, with authorized dealers responsible for timely entries, follow-up, and closure of transactions, including powers to close entries when advances are not repatriated or imports do not materialize. The overall framework is designed to provide predictable, system-driven foreign trade oversight anchored in clear timelines, value thresholds, and dealer-level discretion.

AZB & Partners | English | AcademicThink | Jan. 23, 2026 | Regulation

On January 15, 2026, the Supreme Court of India ruled against the Mauritian investment entities of Tiger Global regarding their claim for tax treaty benefits on capital gains from their 2018 sale of Flipkart shares to the Walmart Group. The court emphasized the principle of ‘substance over form’ in the post-GAAR framework introduced in India's Income-tax Act from April 1, 2017.

Tiger Global's Mauritian entities had argued that their gains were tax-exempt under the India-Mauritius DTAA. However, the Supreme Court clarified that DTAA benefits apply only when the transaction is taxable in the non-resident state and rejected the claim for indirect transfer exemptions under Article 13(4) of the DTAA. It was highlighted that the Tax Residency Certificate (TRC) alone does not guarantee treaty benefits, as Indian tax authorities can assess commercial substance beyond the certificate.

The court overturned earlier authorities granting conclusive status to TRCs before GAAR's introduction and established that treaty interpretation must align with domestic anti-abuse laws. GAAR provisions apply even to gains realized after April 1, 2017, regardless of when the original investment was made, and arrangements primarily aimed at tax avoidance without commercial substance can be challenged under GAAR or JAAR.

The Supreme Court found the Tiger Global structure to be prima facie tax-driven, thereby denying DTAA benefits. This judgment underscores heightened scrutiny on treaty benefits and reinforces that substance will prevail over form in tax matters involving cross-border capital gains in India.

The Economic Times | English | News | Jan. 23, 2026 | UndeterminedPolitics and Elections

Bangladesh has officially launched campaigns for its general elections scheduled for February 12, 2026, marking the first polls since the 2024 uprising that ended Sheikh Hasina's autocratic rule. The elections will select 350 lawmakers, signaling a shift in domestic and regional political dynamics following a period of turmoil that included violence and widespread online disinformation warnings.

The main contenders, the Bangladesh Nationalist Party (BNP) and the Islamist Jamaat-e-Islami party, have commenced large-scale rallies. BNP leader Tarique Rahman, returning from exile in December 2025, has begun a nationwide campaign starting in Sylhet, a city significant for its Sufi Muslim heritage. Jamaat-e-Islami initiated its campaign in Dhaka, seeking to re-enter politics after years of suppression, aligned with the Muslim Brotherhood ideology. The National Citizen Party (NCP), formed by leaders of the anti-Hasina uprising and allied with Jamaat, also launched its campaign in Dhaka.

Nobel laureate Muhammad Yunus, who was appointed caretaker prime adviser during the transitional government, will step down after the elections. Yunus, having inherited a fractured political system, is advocating for a referendum on political reforms concurrent with the polls to strengthen governance and prevent authoritarianism. He has also raised concerns about misinformation flooding social media, blaming both foreign and local sources.

Relations with India remain strained after Hasina fled there during the uprising and was subsequently sentenced to death in absentia for crimes against humanity related to the crackdown on protesters. Hasina, now 78, remains in hiding in India as Bangladesh prepares for its pivotal 2026 elections.