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Taxation and Other Laws (Amendment) Act, 2026: Key Changes, Tax Exemptions, and Business ImpactSummary: The Taxation and Other Laws (Amendment) Act, 2026 has been assented to by the President and published in the Gazette of India on 17 August 2026 as Act No. 21 of 2026. This act is an amendment of the Payment and Settlement Systems Act, 2007, the Income-tax Act, 2025, and the Finance Act, 2026. Moreover, this act will repeal the Income-tax (Amendment) Ordinance, 2026 without prejudicing any action taken under it. The Act does not deal with a single tax change. It brings together several targeted measures. These include revised safe-harbour conditions for offshore investment funds managed from India, income-tax exemptions for specified foreign investors and foreign companies, longer support for electronics contract manufacturing, revised data-centre conditions, changes affecting business trusts and their special-purpose vehicles, and a new mechanism for identifying electronic payment modes on which charges cannot be imposed. The changes are important for foreign companies, fund managers, institutional investors, business trusts, electronics manufacturers, diamond businesses, banks, and payment-system providers. They are also important for tax and finance teams because different provisions apply from different dates, and several benefits depend on conditions, documents, or procedures that are still to be prescribed. Taxation and Other Laws (Amendment) Act, 2026 at a Glance Particular Verified detail Issuing authority Ministry of Law and Justice, Legislative Department Document type Act of Parliament Act number No. 21 of 2026 Gazette details Gazette of India, Extraordinary, Part II, Section 1, No. 37 Gazette identification CG-DL-E-17082026-275521 Date of assent 17 August 2026 Date of publication 17 August 2026 General commencement Deemed to have come into force on 1 April 2026, unless the Act provides otherwise Special commencement Payment-law amendment: 17 August 2026, specified rough-diamond and electronics-warehousing provisions: 1 October 2026 Laws amended Payment and Settlement Systems Act, 2007, Income-tax Act, 2025, Finance Act, 2026 Main stakeholders Offshore funds, Indian fund managers, FIIs, BIS, foreign diamond and electronics businesses, business trusts, SPVs, banks, and payment-system providers Main development Revised fund safe harbour, new or extended tax exemptions, business-trust changes, and revised electronic-payment mechanism General compliance deadline No single deadline applies to the whole Act Nature of requirements Mandatory statutory amendments, with several conditional exemptions and later-prescribed procedures The critical issue to consider is the fact that the date appearing in the Gazette is not necessarily the effective date of all the changes. Each provision needs to be mapped individually before making any updates. Legal Status and Effective Dates This is an enacted law. The enactment process cannot be termed as proposals since the bill has not been called the Taxation and Other Laws (Amendment) Bill 2026. As per the gazette, this bill has been passed in Parliament, given assent by the President on 17th August 2026, and has been gazetted. Section 1 gives a general rule stating that, unless another specific date is specified, the Act shall be deemed to come into effect on 1 April 2026. There are two categories of provisions that have different dates of effect. Provision or event Relevant date Nature of date Practical meaning General commencement 1 April 2026 Deemed commencement Applies to provisions for which no separate date is stated President’s assent 17 August 2026 Legal assent The Bill became an Act Gazette publication 17 August 2026 Publication date The Act was officially published Payment and Settlement Systems Act amendment 17 August 2026 Express effective date Section 10A wording changes from the date of Gazette publication Rough-diamond exemption under serial number 13F 1 October 2026 Express effective date The new exemption operates from this date, subject to its conditions Customs-bonded electronics warehousing exemption under serial number 13G 1 October 2026 Express effective date The new exemption operates from this date, subject to its conditions Related definitions in Notes 5 and 6 1 October 2026 Express effective date The rough-diamond and electronics definitions support serial numbers 13F and 13G Sunset for serial numbers 13F and 13G Tax year ending 31 March 2041 Last stated availability point The exemptions are stated to remain available up to this tax year, subject to conditions The Act does not specify a filing date for all affected businesses. The 90-day rule to be discussed later applies only to eligible investment funds. Regulatory and Legal Framework The Act operates across three different legal areas. Payment regulation The Payment and Settlement Systems Act, 2007 regulates payment systems in India. Section 10A is titled “Bank, etc., not to impose charge for using electronic modes of payment.” Before this amendment, the provision referred to electronic modes prescribed under section 269SU of the Income-tax Act, 1961. The 2026 amendment replaces that reference with one or more electronic modes that the Central Government may specify by notification. Income-tax framework The Income-tax Act, 2025, is the main law affected by the amendment. The Act replaces Schedule I and changes Schedules IV and V. Schedule I deals with the conditions under which certain fund-management activities do not create a business connection in India for an eligible offshore investment fund. Schedule IV lists income that is not included in the total income of specified eligible persons, subject to stated conditions. Schedule V deals with income not included in the total income of certain eligible persons, including investment funds, business trusts, and their unit holders. Finance Act rate framework The Finance Act, 2026 contains the applicable rate framework for the relevant tax year. The amendment creates separate entries for a domestic company that is a special-purpose vehicle referred to in Schedule V and for other domestic companies within the stated categories. Because these provisions interact, a business should not read one amended schedule in isolation. For example, the treatment of a business-trust unit holder under Schedule V and the rate applicable to its special-purpose vehicle under the Finance Act may need to be reviewed together. Act-Wise Summary of Amendments Parent law Provision amended Nature of change Effective date Mainly affected parties Payment and Settlement Systems Act, 2007 Section 10A Changes how no-charge electronic payment modes are identified 17 August 2026 Banks, payment-system providers, merchants, and payment users Income-tax Act, 2025 Schedule I Replaces the complete safe-harbour schedule for eligible investment funds and managers 1 April 2026 under the general commencement clause Offshore funds and Indian fund managers Income-tax Act, 2025 Schedule IV, serial number 13A Revises the contract-manufacturing condition and extends availability from 2030-31 to 2040-41 1 April 2026 under the general commencement clause Foreign electronics companies and Indian contract manufacturers Income-tax Act, 2025 Schedule IV, serial number 13C Omits clause (a) from the applicable conditions 1 April 2026 under the general commencement clause Foreign companies using specified data centres Income-tax Act, 2025 Schedule IV, serial numbers 13D and 13E Adds government-security income exemptions 1 April 2026 under the general commencement clause FIIs and the Bank for International Settlements Income-tax Act, 2025 Schedule IV, serial number 13F Adds rough-diamond income exemption 1 October 2026 Specified foreign diamond businesses Income-tax Act, 2025 Schedule IV, serial number 13G Adds exemption connected with component storage in a customs-bonded warehouse 1 October 2026 Foreign electronics companies and Indian contract manufacturers Income-tax Act, 2025 Schedule IV notes Adds or revises definitions for electronic goods, data centres, government securities, rough diamonds, and customs-bonded arrangements Depends on the related provision Multiple stakeholders Income-tax Act, 2025 Schedule V, serial number 5 Omits the dividend-related restriction in clause (b) 1 April 2026 under the general commencement clause Business-trust unit holders and SPVs Finance Act, 2026 Section 3 rate tables Creates separate 10% and 25% entries for relevant domestic-company categories 1 April 2026 under the general commencement clause Domestic companies and business-trust SPVs Taxation and Other Laws (Amendment) Act, 2026 Section 7 Repeals the Income-tax (Amendment) Ordinance, 2026 and saves actions already taken General commencement applies, saving protects prior action FIIs, BIS, and tax administration This map shows why the Act should not be presented as a single exemption scheme. Each change has its own taxpayer, income category, condition, and operational consequence. Change to Electronic Payment Mode Requirements Section 2 amends Section 10A of the Payment and Settlement Systems Act, 2007. Earlier, the condition of free was linked with the electronic means specified under section 269SU of the Income-tax Act, 1961. In the new provision, the reference is to one or more electronic payment methods as specified by the Central Government. In simple terms, the legal authority to identify the covered payment modes now sits directly within the amended wording of the payment law. The underlying section remains a restriction on banks and system providers imposing charges on persons using the covered electronic modes. What does this mean in practice? Notification issued by the Central Government regarding the electronic means subject to the amendment of the section should be monitored by banks and payment system service providers. Review of the payments contract, price list, and other correspondence with merchants may be required upon issuance of such notification. Merchants should not assume that every digital payment method automatically falls within the no-charge rule. The Act itself does not list the covered modes. It creates the notification mechanism. The amendment, by itself, does not create a new licensing requirement for merchants or payment users. This provision took effect on 17 August 2026, the date on which the Act was published in the Official Gazette. Revised Safe-Harbour Conditions for Eligible Investment Funds Schedule I of the Income-tax Act, 2025 is substituted by Section 3. The schedule provides for the provision of section 9(12), under which fund management activities that qualify for this provision, when done in India, shall not, by themselves, constitute a business connection in India of the eligible offshore investment fund. The safest way to view this provision is as a conditional safe harbour. This means that all income of an offshore fund will not necessarily be exempt, but rather that the fund will not be deemed to have a business connection in India solely because the qualifying management activity was carried out by an eligible fund manager. Conditions for the eligible investment fund The fund must be established, incorporated, or registered outside India, collect money from its members, and invest that money for their benefit. It must also meet all applicable conditions below. Non-resident status: The fund must not be resident in India. Eligible jurisdiction: It must either be resident in a country or specified territory with which India has an agreement referred to in section 159(1) or section 159(2), or be established, incorporated, or registered in a country or territory notified by the Central Government. Indian-resident participation limit: Direct aggregate participation or investment by persons resident in India must not exceed 5% of the fund’s corpus on 1 April and 1 October of the tax year. Fund-manager contribution relief: While calculating the 5% limit, a contribution of up to Rs. 25 crore made by the eligible fund manager during the first three years of the fund’s operation is not counted. Four-month cure period: If the Indian-resident participation exceeds 5% on 1 April or 1 October, the condition is treated as satisfied if the participation is brought within the limit within four months of the relevant testing date. No Indian business management: The fund must not directly or indirectly carry on, control, or manage a business in India. No other business connection: No person acting for the fund may carry out an activity creating a business connection in India, except the activities undertaken by the eligible fund manager on the fund’s behalf. Why the testing dates matter This test is not referred to as a general year-end test. It shows the test dates of 1 April and 1 October. If a fund exceeds the threshold on either of those days, it should document this excess along with its reasons and correction date. The four-month cure provision is helpful but not an excuse for disregarding the threshold. What “corpus” means The corpus for this schedule is the amount of money the qualified investment fund has raised for investment as of a certain date. This is important because the 5% participation rule is computed based on this amount.. Conditions Applicable to Eligible Fund Managers The safe harbour also depends on the person managing the fund. An eligible fund manager must be engaged in fund-management activity and satisfy four conditions. Independence: The manager must not be an employee of the eligible investment fund or a connected person of the fund. Regulatory registration: The manager must be registered as a fund manager or investment adviser under the specified regulations. Ordinary business activity: The manager must act in the ordinary course of its fund-management business. Profit-entitlement ceiling: The manager and its connected persons must not be entitled, directly or indirectly, to more than 20% of the profits arising to the eligible fund from transactions carried out through that manager. The specified regulations are: Securities and Exchange Board of India (Investment Advisers) Regulations, 2013, Securities and Exchange Board of India (Portfolio Managers) Regulations, 2020, or Other regulations made under the Securities and Exchange Board of India Act, 1992 and notified for this purpose. The definition of “connected person” is linked to section 184(5) of the Income-tax Act, 2025. Funds and managers should therefore examine employment relationships, ownership, control, profit-sharing, and connected-person arrangements together rather than checking the manager’s registration alone. Reporting Obligations and the 90-Day Timeline Every eligible investment fund must furnish information about its activities for each tax year within 90 days after the end of that tax year. The fund must: submit a statement in the prescribed form to the prescribed income-tax authority containing information about fulfilment of the Schedule I conditions, and provide other relevant information or documents that may be prescribed. The schedule also states that its provisions will apply in accordance with the guidelines and in the manner prescribed by the Board. Compliance item Responsible person Due date Form or recipient Present position in the Act Statement confirming fulfilment of Schedule I conditions Eligible investment fund Within 90 days after the end of the tax year Prescribed form to the prescribed income-tax authority Form and authority are to be prescribed Other relevant information or documents Eligible investment fund As prescribed within the statutory framework Manner to be prescribed The exact list is not stated in the Act Application of Board guidelines Fund and manager, as applicable According to future guidance Board-prescribed manner Details remain to be prescribed As a practical control, a fund should not wait until the filing window opens to collect evidence. It should maintain residency documents, participation calculations, capital-account records, manager-registration evidence, profit-entitlement calculations, and records of activities performed in India throughout the year. New and Extended Income-Tax Exemptions Section 4 makes several changes to Schedule IV. These provisions exclude specified income from total income only when the eligible person and every stated condition are satisfied. Exemption or relief Eligible person Qualifying income or activity Key condition Effective period Government-security income Foreign Institutional Investor Interest and capital gains from sale, exchange or transfer of government security Information must be furnished in the prescribed form and manner General commencement from 1 April 2026 Government-security income Bank for International Settlements Interest and capital gains from sale, exchange or transfer of government security Information must be furnished in prescribed form and manner General commencement from 1 April 2026 Rough-diamond income Specified foreign company Income from sale of rough diamonds Sale in notified special zone and prescribed information compliance From 1 October 2026 up to the tax year ending 31 March 2041 Electronics component warehousing Specified foreign company Income connected with the storage of components in a customs-bonded area and their sale under the stated arrangement Supply to contract manufacturer and prescribed information compliance From 1 October 2026 up to tax year ending 31 March 2041 Existing electronics contract-manufacturing relief Foreign company covered by serial number 13A Existing qualifying income under the entry A contract manufacturer must produce specified electronic goods on behalf of the foreign company for consideration Availability extended from 2030-31 to 2040-41 Specified data-centre relief Eligible foreign company under serial number 13C Existing qualifying income under the entry Revised data-centre definition and remaining conditions apply General commencement from 1 April 2026 Government-security exemption for FIIs New serial number 13D covers a Foreign Institutional Investor. It excludes: Interest on a government security, and Capital gains arising from the sale, exchange, or transfer of a government security. The exemption is conditional on furnishing information in the form and manner to be prescribed. For this provision, “Foreign Institutional Investor” has the meaning assigned in section 210(6)(a) of the Income-tax Act, 2025. “Government security” is defined in section 2(f) of the Government Securities Act, 2006. The entry should not automatically apply to every foreign portfolio investor, debt instrument, or public-sector security. The taxpayer and instrument must fit the statutory definitions. Government-security exemption for the Bank for International Settlements Serial number 13E provides the Bank for International Settlements with the same categories of exempt income: interest on government securities and capital gains from the sale, exchange, or transfer of such securities. Schedule IV defines the institution as the Bank for International Settlements, established at the Hague Conference in 1930 and headquartered in Basel, Switzerland. This is an institution-specific exemption, not a general exemption for all foreign banks or international bodies. Repeal of the Ordinance and continuity of action The Income-tax (Amendment) Ordinance, 2026, had introduced the government-security provisions before the Act was passed. Section 7 repeals that Ordinance. The saving clause is important. It states that anything done or any action taken under the Ordinance will be treated as having been done under the corresponding provisions of the Act. This avoids a legal gap merely because an Act of Parliament has replaced the temporary Ordinance. Rough-Diamond Income Exemption and Its Conditions New serial number 13F applies from 1 October 2026. It covers income from the sale of rough diamonds earned by a foreign company falling within one of the stated categories: A foreign company engaged in diamond mining, a shareholder of such a diamond-mining company, or a broker, aggregator, tender entity, or auction entity connected with the sale of rough diamonds. The exemption is subject to three conditions. The rough-diamond sale must take place in a notified special zone referred to in section 9(9)(c)(ii)(C). The foreign company must maintain and furnish information in the prescribed form and manner. The exemption is available only up to the tax year ending on 31 March 2041. Meaning of rough diamond The Act defines a rough diamond as a diamond that is unworked or only sawn, cleaved, or bruted, falls under Tariff Heading 7102 10, 7102 21, or 7102 31 of the First Schedule to the Customs Tariff Act, 1975, and is accompanied by a Kimberley Process Certificate. All aspects of the definition are important. It would be erroneous to consider a product as falling under the definition solely due to the fact that it is commercially labelled as a rough diamond. Practical implications for diamond businesses Qualifying foreign companies can receive a more defined tax system structure for their eligible sales within the notified special zone. Nonetheless, such eligibility is not guaranteed automatically. The transaction papers need to indicate the category in which the seller qualifies, the place of the notified special zone, tariff classification, and the respective Kimberley Process Certificate. Electronics Contract Manufacturing and Customs-Bonded Warehousing The Act contains two important electronics-related changes: an extension and revision of an existing entry and a new exemption for a component-warehousing arrangement. Extension of the existing contract-manufacturing relief The condition in relation to the contract manufacturer is replaced by the Act in serial number 13A. The amended condition requires the contract manufacturer to manufacture specific electrical items for the foreign firm as consideration. The Act also replaces the year 2030-31 with 2040-41. This extends the stated availability of the relevant exemption by ten tax years. Foreign companies and Indian contract manufacturers should review their agreements to confirm that the arrangement clearly records: production of specified electronic goods, production on behalf of the foreign company, and consideration payable for the manufacturing activity. The Act does not prescribe a standard contract format. New exemption for customs-bonded component warehousing Serial number 13G applies from 1 October 2026. It concerns income accruing or arising from storing components in a warehouse in a customs-bonded area. The eligible person is a foreign company that stores components in a warehouse so they can be provided to a contract manufacturer for the manufacture of specified electronic goods. The entry states the following conditions: The exemption is available on the sale of components by the foreign company, The contract manufacturer must produce electronic goods on behalf of a foreign company, Information must be furnished in the prescribed form and manner, and The exemption is available up to the tax year ending 31 March 2041. For this purpose: “contract manufacturer” means an Indian company that produces specified electronic goods on behalf of a foreign company in a customs-bonded area, and “customs bonded area” means a warehouse referred to in section 65 of the Customs Act, 1962. The heading of the income entry refers to income arising from storage, while one of its conditions refers to exemption on the sale of components. Businesses should therefore map the precise income stream and contractual arrangement carefully rather than applying the entry broadly to every warehousing receipt or component sale. Products Covered as Specified Electronic Goods The Act inserts Note 2A for serial number 13A. It defines specified electronic goods as: mobile phones, laptops, all-in-one personal computers, and tablets, servers and ultra-small form factor devices, sub-assemblies of the finished goods listed above, and hearables, wearables, and accessories related to the finished goods listed above. This definition is also used for the new customs-bonded warehousing entry through Note 6. Businesses should create a product-level eligibility file rather than relying only on broad commercial descriptions such as “electronics” or “components.” The file should show the relevant product, its relationship to the listed finished goods, the manufacturing arrangement, and, where applicable, the customs-bonded location. Revised Conditions for Specified Data Centres The Act makes two changes connected with serial number 13C. First, it omits clause (a) in column D of that entry. The exact consequence should be read together with the pre-amendment entry and the remaining conditions. Second, it replaces the definition of “specified data centre.” Under the new definition, a specified data centre must: be operated by an Indian company, whether the company owns or leases it, and satisfy other conditions that may be prescribed. The express recognition of leased operation is important. Ownership of the facility is no longer the only model stated in the definition. However, leasing alone is not enough because other prescribed conditions may still apply. Foreign enterprises utilizing this section must verify the identity of the Indian operator, the lease/ownership documents, the service agreement, and other terms and conditions laid out in the Act itself. Business Trusts, Unit Holders and Special-Purpose Vehicles The Act makes connected changes to Schedule V of the Income-tax Act, 2025, and Section 3 of the Finance Act, 2026. Change for business-trust unit holders Schedule V, serial number 5, deals with distributed income referred to in section 223 received by a unit holder of a business trust. Before the amendment, the conditions listed income proportions for which the exemption would not be allowed. Clause (b) covered dividend income received or receivable by the business trust from an SPV where that SPV had exercised the option under section 200. Section 5 of the 2026 Act does not include clause (b). In reality, the limitation on dividends is no longer part of the proportions that are excluded from the unit-holder exception. The limitation on interest mentioned in clause (a) and the limitation on real estate rental mentioned in clause (c) continue to apply. Separate rate entry for an SPV Section 6 amends the rate tables contained in Section 3 of the Finance Act, 2026. In respect of domestic companies falling under sections 200 and 201, the substituted entries are as follows: 10% for each domestic company, except SPV mentioned in Schedule V, Note 2, and 25% for a domestic company that is such an SPV. Within the Finance Act framework, these entries operate as the relevant surcharge-rate entries. A business trust’s SPV should therefore not assume that the standard 10% entry continues to apply merely because it is a domestic company under section 200 or 201. Meaning of SPV Schedule V, Note 2 defines the special-purpose vehicle for the relevant business-trust provision as an Indian company in which the business trust holds a controlling interest and the required percentage of shareholding or interest under the law governing the trust’s registration. The two amendments should be modelled together. The change may improve the treatment of qualifying dividend income at the unit-holder level while changing the surcharge rate applicable to the qualifying domestic-company SPV. The final result depends on the entity structure, tax regime, income flow, and applicable tax-year facts. Matters Awaiting Rules, Forms, Guidelines, or Notifications Several parts of the Act cannot be implemented fully from the statutory wording alone. Pending matter Authority or mechanism What is not stated in the Act Practical monitoring action Electronic modes covered by section 10A Central Government notification Exact electronic payment modes Banks and payment providers should monitor notifications and update pricing controls Eligible fund statement Prescribed income-tax authority and form Form, recipient, and detailed fields Funds should prepare condition-wise evidence now Other eligible fund information To be prescribed Exact document list and manner Maintain a broad audit file until details are issued Other eligible fund information Board Operational application of Schedule I Fund managers should monitor Board guidance FII and BIS reporting Prescribed form and manner Filing format, authority and procedure Investors should preserve instrument and income records Rough-diamond information Prescribed form and manner Detailed filing and record requirements Maintain zone, tariff, and certificate evidence Electronics warehousing information Prescribed form and manner Detailed filing and record requirements Maintain warehouse, sale and manufacturing records Specified data-centre conditions To be prescribed Conditions beyond Indian-company operation Review later rules before claiming treatment Other eligible fund-manager regulations Government notification under SEBI framework Any additional recognised regulations Confirm registration route before relying on safe harbour An expression such as “as may be prescribed” is not a minor drafting detail. It means the Act creates the framework but leaves part of the operating process to later rules, forms, guidelines, or notifications. Stakeholder-Wise Business Impact Stakeholder Immediate impact Likely operational or cost effect Priority concern Offshore investment funds New Schedule I conditions apply Participation testing and evidence systems may need revision 5% testing on 1 April and 1 October Indian fund managers Registration, independence, and a 20% profit ceiling remain central Contracts and connected-person analysis may need review Maintaining eligible-manager status FIIs Government-security interest and capital gains may qualify for exemption A new reporting process will need to be implemented Correct taxpayer and security classification Bank for International Settlements Institution-specific government-security exemption Prescribed information process must be followed Form and manner still pending Foreign diamond companies New exemption may apply to qualifying zone sales Classification, certification, and transaction records are essential Kimberley certificate and notified-zone condition Foreign electronics companies Longer relief and new bonded-warehouse exemption may apply Contracts, customs structure, and product mapping may need changes Matching the arrangement to serial numbers 13A or 13G Indian electronics contract manufacturers Their role becomes part of foreign-company eligibility Contract and warehouse evidence may increase Production on behalf of a foreign company for consideration Foreign companies using data centres Revised definition recognises leased operation by Indian companies Existing operator and lease arrangements should be checked Future prescribed conditions Business trusts and unit holders Dividend-related restriction is removed from Schedule V entry Distribution and tax models may change Correct characterisation of income Business-trust SPVs Separate 25% rate entry applies in the relevant Finance Act tables Tax provisioning may increase for covered SPVs Coordinating entity-level and unit-holder treatment Banks and payment-system providers Covered electronic modes will be identified through notification Pricing systems and agreements may need updates Do not charge on notified covered modes Impact on offshore funds and managers Although the list of conditions has been consolidated into a more succinct statutory format, it still requires continuous monitoring. The 5% participation criterion for Indian residents, the cure provision, the 20% manager profits restriction, and no other Indian businesses require information from the tax, legal, investment relations, and operations departments. Impact on electronics and diamond businesses The newly introduced clauses may be advantageous for cross-border transactions if they satisfy some requirements, but they are paperwork-based. The availability of such relief will depend on the categorization of the products, contractual arrangement, details about the customs bonded zone, and prescribed reporting. Impact on business trusts The unit-holder and SPV amendments pull in different directions and should be analysed together. A simplified statement that the amendment only “reduces tax” or only “increases tax” would be misleading. The result depends on where income arises, how it moves through the structure, and which entity bears the relevant tax or surcharge. Risks and Practical Challenges The Act does not include any penalties in its seven sections. It is recommended that the business avoid making false promises regarding the possibility of fines or even prosecution. More direct problems include ineligibility, insufficient evidence, or using benefits too soon. Wrong Effective Date: Applying a 1 October exemption from 1 April could produce an incorrect tax position. Overbroad Eligibility: Treating every foreign investor, diamond trader, electronics component, or data centre as covered could lead to an unsupported claim. Missing Prescribed Filings: The exemption would be lost if the prescribed filing is not made after the procedures have been communicated. Weak Connected-Person Analysis: An offshore fund may satisfy the visible participation limit but still face issues under fund-manager independence or profit-entitlement conditions. Insufficient Product Classification: Commercial product names may not establish eligibility under the statutory list or customs tariff headings. Mismatch Between Contract and Reality: The agreement for manufacturing/warehousing could not establish whether the production was being done for the foreign entity in consideration. Lack of Integration of Taxation Tiers: Business trusts should not analyse unit-holder exemption and SPV surcharge in isolation. Communication Gap: The payment providers cannot re-engineer the charges to align with the expectations of the mode of electronic use by the government. What Businesses Should Do Next Priority Action Responsible team Relevant date or trigger Nature of action Expected outcome Immediate Identify which amendment, if any, applies to the organisation Tax and legal Now Recommended control Avoid irrelevant or overbroad implementation Immediate Map the correct commencement date provision by provision Tax Before filing or provisioning Required for correct legal treatment Correct period of application High Recalculate offshore fund participation on 1 April and 1 October Fund tax and investor relations Each testing date Statutory condition Evidence of 5% compliance or cure High Review fund-manager registration, independence and profit entitlement Legal and compliance Before relying on safe harbour Statutory condition Confirm manager eligibility High Build the 90-day fund reporting file Fund operations and tax During the tax year Statutory filing preparation Timely statement and supporting evidence High Review FII and BIS government-security income by instrument and income type Tax and finance From applicable tax year Eligibility assessment Correct exemption position High Map rough-diamond sales to zone, tariff, and certificate requirements Customs, tax and sales Before claiming relief from 1 October 2026 Statutory condition Traceable transaction eligibility High Review electronics manufacturing and warehouse contracts Legal, customs and tax Before applying serial number 13A or 13G Statutory and evidentiary control The contract aligns with the qualifying structure High Model business-trust unit-holder and SPV effects together Tax and finance Before distributions and tax provisioning Tax calculation control Avoid one-sided analysis Ongoing Monitor forms, rules, Board guidelines, and government notifications Compliance and tax On publication Recommended ongoing control Timely implementation of pending details Recommended internal evidence file Depending on the provisions concerned, firms need to retain: The Gazette and legal note in respect of the provisions, Residency and status documentation, Investor participation and corpus computation, Connected person and entitlement of profits calculation, SEBI registration proof, Government-issued identity and income proof, Notified zone and bonded customs warehouse documentation. Customs tariff classification records, Kimberley Process Certificates, manufacturing, storage, sale, and service contracts, product lists and bills of material, business-trust, unit-holder and SPV structure charts, and Copies of every prescribed statement, information filing, and acknowledgement. This list includes recommended internal controls. The Act itself does not expressly prescribe every document listed above. How Corpseed Can Help The Taxation and Other Laws (Amendment) Act, 2026 provides different requirements for investment funds, foreign companies, manufacturers, and business trusts. Corpseed can assist the impacted business entities in understanding the requirements and preparing a compliance action plan accordingly. Applicability and Compliance Assessment Corpseed can help businesses: Identifying the provisions that apply to their operations. Determining the relevant dates and conditions. Preparation of a compliance checklist for each provision. Identifying forms, filings, and record-keeping. Investment Fund and Fund Manager Review Support for eligible investment funds may include: Reviewing the 5% Indian-resident participation limit. Checking fund manager eligibility and registration. Reviewing connected-person and profit-sharing conditions. Preparing for the 90-day reporting requirement. Foreign-Company Tax Exemptions Corpseed can assist with evaluating exemptions relating to: Government securities. Rough-diamond transactions. Electronics contract manufacturing. Customs-bonded component warehousing. Specified data-centre arrangements. Business Trust and SPV Support Corpseed can help business trusts and special-purpose vehicles review: Unit-holder income treatment. Dividend-related changes. Applicable SPV surcharge rates. Tax records and supporting documents. Regulatory Monitoring Corpseed can monitor new forms, rules, guidelines, and government notifications issued under the Act and help businesses update their compliance processes accordingly. Businesses seeking an applicability review, documentation support, or a provision-specific action plan may contact Corpseed for corporate tax compliance services. The availability of any exemption or tax benefit will depend on the applicable law and the facts of each case. Key Takeaways The Taxation and Other Laws Amendment Act 2026 is an Act of Parliament that amends three key Acts of Parliament. This amendment pertains to offshore funds, foreign investment, electronics and diamond industries, data centre arrangements, business trusts, special purpose vehicles, and payment system participants. The general commencement date is 1 April 2026, but the payment-law change applies from 17 August 2026, and the new rough-diamond and electronics-warehousing exemptions apply from 1 October 2026. Eligible offshore funds must meet the 5% Indian-resident participation test on 1 April and 1 October, with a four-month cure period for an excess on a testing date. Eligible funds must furnish the prescribed statement within 90 days after the end of the tax year. FIIs and the Bank for International Settlements receive conditional exemptions for specified government-security income. The rough-diamond and bonded-electronics exemptions run up to the tax year ending 31 March 2041, subject to detailed eligibility and reporting conditions. Existing electronics contract-manufacturing relief is extended from 2030-31 to 2040-41. Business trusts should analyse the unit-holder exemption change and the separate 25% SPV surcharge-rate entry together. Several forms, conditions, guidelines and notifications remain to be issued, so ongoing monitoring is essential.
Subject
MSMED Amendment Act 2026: TReDS, Registration, Payment Disputes and PenaltiesSummary: The Micro, Small and Medium Enterprises Development (Amendment) Act, 2026 received the Presidential assent and was notified on 13 August 2026 as Act No. 16 of 2026. This Act is an amendment to the Micro, Small and Medium Enterprises Development Act, 2006, commonly known as the MSMED Act. This act of 2026 amends the enterprise's classification and registration procedures. Moreover, it makes it mandatory to route certain public sector invoice payments through the Trade Receivables Discounting System (TReDS). The time limit for payment disputes has been reduced under this Act. It also improves the settlement process and the enforcement of awards. The Act becomes law, but its provisions do not automatically become operative on 13 August 2026. According to Section 1(2), the Central Government will notify the date of coming into force of the Act in the Official Gazette. Provisions of the Act may come into force on different dates. However, no separate notification of commencement was found after reviewing an official source on 14 August 2026. Notification at a Glance Particular Verified details Issuing authority Ministry of Law and Justice, Legislative Department Document type Act of Parliament Title Micro, Small and Medium Enterprises Development (Amendment) Act, 2026 Act number No. 16 of 2026 Date of assent and publication 13 August 2026 Effective date To be appointed by the Central Government through Official Gazette notification, different dates may be appointed for different provisions Principal law amended Micro, Small and Medium Enterprises Development Act, 2006 (Act No. 27 of 2006) Main subjects MSME classification, registration, TReDS settlement, dispute resolution, award enforcement, MSEFC structure, reporting, penalties and appeals Main stakeholders MSMEs, Central Public Sector Enterprises, notified buyers and authorities, State Public Sector Enterprises, MSEFCs, courts, mediation providers and compliance teams Compliance deadline Not expressly specified in the Act, commencement and operational rules are pending Nature of requirement A mix of statutory amendments, enabling powers and duties requiring commencement, rules or notifications The date of assent is not the same as the date of effect. The significance of this differentiation will determine when companies should alter their operations. Legal Status, Assent and Commencement The document is legislation, not a Bill or an advisory one. It is noted in the Gazette that the President gave his assent to it on 13 August 2026. Thus, its legal status differs from that of the MSME Development (Amendment) Bill, 2026, which was debated in Parliament. However, section 1(2) uses a notification-based commencement model. The Central Government may commence the whole Act on one date or appoint different dates for different provisions. A provision does not become operational only because the Act was passed, assented to, or published. This creates three separate checks for every affected business: Has the relevant section been brought into force? Has the required rule, form, procedure, platform, or entity notification been issued? Does an existing notification continue under the saving clause, or has it been replaced? Until these questions are answered for a provision, implementation teams should treat the Act as an enacted framework awaiting operational activation, not as a complete set of immediately enforceable procedures. The Regulatory Framework The Micro, Small and Medium Enterprises Development Act, 2006 is the main law governing the recognition, promotion and development of MSMEs in India. Among other matters, it deals with enterprise classification, government support measures, access to credit, public procurement, and protection against delayed payments. The 2026 amendment does not introduce an entirely new law. Instead, it revises selected provisions of the existing MSMED Act and adds several new sections. It also gives the Central and State Governments powers to prescribe detailed procedures. This means the amendment cannot be read in isolation. Businesses must also check the principal Act, commencement notifications, implementing rules, and prescribed forms. Some provisions also work alongside other legal and regulatory systems: Mediation Act, 2023: Amended section 18 applies this law to mediation in MSME payment disputes, subject to the special 90-day period introduced by the amendment. Insolvency and Bankruptcy Code, 2016: New section 18A states that an amount determined through a mediated settlement agreement or arbitral award will be treated as a valid and legally enforceable debt. Its use in an insolvency proceeding will still depend on the applicable provisions of the Code. Reserve Bank of India’s TReDS framework: New section 15A requires specified entities to route the settlement of MSME invoices through a Trade Receivables Discounting System platform authorized by the Reserve Bank of India. The operation of these platforms is separately governed by the Reserve Bank of India (Trade Receivables Discounting System) Directions, 2026. These connected laws perform different functions. The MSMED Act creates the relevant rights and obligations, while the other frameworks govern mediation, insolvency recognition, and the operation of TReDS platforms. What Has Changed The amendment covers much more than MSME registration. Its main changes are: A new statutory definition of the Development Commissioner. A revised, notification-based framework for classifying micro, small, and medium enterprises using both investment and turnover. Free and voluntary memorandum filing through a national digital platform, with an enabling power for State platforms. Mandatory routing of specified public-sector invoice settlements through an RBI-authorised TReDS platform. Statutory periods for mediation, arbitration referral, and making awards. Online mediation and arbitration through a future Central Government mechanism. Recovery of mediated settlements and arbitral awards as arrears of land revenue. Recognition of determined amounts as legally enforceable debt under the Insolvency and Bankruptcy Code, 2016. Revised pre-deposit and supplier-payment protections when an award or settlement is challenged. More Micro and Small Enterprises Facilitation Councils (MSEFCs), revised composition, and regular meetings. TReDS invoice reporting by covered public-sector and notified entities. A warning-and-penalty framework, adjudication by the Development Commissioner, and an administrative appeal. Compliance area Earlier position New position under the amendment Business meaning MSME classification Section 7 contained category wording and statutory investment limits, subject to existing powers Central Government may notify classification limits using both investment and turnover Classification will depend on future notification under the amended provision Registration memorandum Different statutory treatment applied across enterprise categories Free and voluntary filing for MSMEs through notified national or State digital platforms Registration is framed as voluntary, but it remains relevant for benefits and supplier jurisdiction TReDS No equivalent section 15A in the principal Act CPSE invoice settlement must be routed through an RBI-authorised TReDS platform other entities may be notified Covered buyers may need procurement, ERP, treasury, and payment-system changes Mediation Section 18 applied mediation provisions Mediation must finish within 90 days from the date fixed for first appearance MSEFCs and parties receive a specific statutory time limit Arbitration No equivalent amended deadlines Referral within 30 days after mediation ends, award within 90 days after pleadings finish Dispute management should become more time-bound Enforcement Enforcement depended on existing legal mechanisms Award or mediated settlement may be recovered as arrears of land revenue and recognized as enforceable debt under the IBC Successful suppliers receive additional recovery routes, subject to process Penalties Existing offense and court-based framework Graduated warnings, penalties or fines, administrative adjudication and appeal Covered persons need stronger information and reporting controls Complete Section-Wise Amendment Map Amendment section Principal provision affected Main change 2 Section 2 Defines Development Commissioner and updates cross-references in MSME definitions 3 Section 3(3)(o) Makes the Development Commissioner the relevant member of the National Board 4 Section 7(1) Replaces the enterprise-classification provision 5 Section 8 Replaces memorandum filing with free and voluntary digital registration 6 Section 14(2) Removes the reference limited to section 9(1) 7 New section 15A Introduces mandatory TReDS invoice settlement for specified buyers 8 Section 18 Adds mediation and arbitration timelines, jurisdiction, and online proceedings 9 New section 18A Adds recovery and debt-recognition provisions 10 Section 19 Replaces rules for challenging awards, orders, and mediated settlements 11 Section 20 Requires an adequate number of MSEFCs and regular meetings 12 Section 21 Revises MSEFC membership and composition 13 New section 22A Creates TReDS invoice disclosure obligations 14 Sections 27 and 27A Revises consequences, adjudication, and appeals 15 Section 29 Expands Central Government rule-making subjects 16 Section 30 Expands State Government rule-making subjects 17 Saving clause Continues consistent existing actions and notifications until revoked Revised MSME Classification Framework Amended section 7(1) authorizes the Central Government to classify enterprises as micro, small, or medium by notification. The Government must use both of these criteria: Investment in plant, machinery, or equipment. Turnover. The amendment itself does not state the rupee limits for the three categories. Those limits must be specified through a notification. Businesses should therefore not infer fresh thresholds from the Act. The provision continues to exclude the cost of pollution-control equipment, research and development, industrial-safety devices, and other notified items from the calculation of investment in plant and machinery. It also states that section 29B of the Industries (Development and Regulation) Act, 1951, will apply to the enterprises specified in the amended section 7(1). The commercial effect is greater flexibility for the Central Government to revise classifications by notification without amending the rupee thresholds in the Act itself. Existing and proposed enterprises should monitor the first notification issued under the amended section and check whether it changes their category or eligibility for benefits. Free and Voluntary MSME Registration Substituted section 8 provides for a national digital platform for the free and voluntary filing of a memorandum for MSME registration. The purpose stated in the Act is to enable registered enterprises to obtain benefits from the Central Government under the MSMED Act. A State Government may notify a State digital platform for free and voluntary memorandum filing to obtain applicable State benefits. A State may also extend State scheme benefits to MSMEs registered on the national platform. The Central and State Governments must prescribe the form and manner of filing. The amendment does not itself name the future national platform or provide a filing workflow. Businesses should not assume that every existing portal feature, data field, or verification step will remain unchanged after commencement. Voluntary filing does not mean registration has no legal value. The amended dispute provision links MSEFC jurisdiction to the supplier's official address in its section 8 registration. Registration may also be required to access certain government benefits. Businesses should assess the legal and commercial value of filing even though the amended provision describes it as voluntary. Mandatory Invoice Settlement Through TReDS New section 15A requires every Central Public Sector Enterprise (CPSE) to route settlement of invoices for goods or services procured from MSMEs through an RBI-authorised TReDS platform. The Central Government must prescribe the form and manner. The Central Government may notify another authority, body, or entity that must follow the same settlement route. A State Government may separately notify a State Public Sector Enterprise or another authority, body, or entity. These enabling powers do not make every private buyer, State enterprise, or government-controlled body immediately subject to section 15A. TReDS is an electronic platform used to facilitate financing or discounting of MSME trade receivables. Under RBI's 2026 Directions, the platform can support uploading, acceptance, bidding, discounting, and settlement of invoices, including financed and unfinanced transactions. The statutory requirement to route settlement through TReDS should not be described as a guarantee that every invoice will be discounted or financed. Likely operational effect on covered buyers Subject to commencement and prescribed procedures, covered entities may need to: Map MSME vendors accurately in procurement and finance systems. Connect purchase orders, invoice acceptance, and payment approvals with TReDS workflows. Define responsibility for invoice uploading, acceptance, dispute flags, and settlement. Reconcile TReDS records with enterprise resource planning and bank payment records. Preserve evidence of invoices routed and settled through the platform. Prepare for the disclosure obligation under the new section 22A. These are practical readiness measures. The exact statutory workflow will depend on the rules made under sections 15A, 29, and 30. Reporting of TReDS Invoice Compliance New section 22A creates a disclosure duty for entities covered by section 15A. Central Public Sector Enterprises and other Central Government-notified bodies must disclose details of MSME invoices routed and settled through TReDS in the form and manner prescribed by the Central Government. State Public Sector Enterprises and other State-notified bodies face a corresponding State-prescribed disclosure requirement. The Act does not specify the reporting frequency, data fields, recipient, filing portal, or retention period. This provision will require consistency between procurement data, TReDS activity, and statutory reporting. Covered entities should plan a control that can trace each reported invoice from purchase and acceptance through routing and settlement. MSME Delayed-Payment Dispute Resolution The amendment adds fixed periods to section 18 of the principal Act and expands the permitted use of electronic proceedings. Stage Starting point Statutory period Responsible body Mediation Date fixed for first appearance 90 days MSEFC or mediation service provider Referral after failed mediation Date mediation terminates 30 days MSEFC Arbitral award Date pleadings are completed 90 days MSEFC or ADR institution/centre Appeal against penalty order Receipt of adjudicating officer's order 30 days, subject to condonation for sufficient cause Aggrieved person Disposal of penalty appeal Date appeal is filed 60 days Appellate authority The 90-day mediation period replaces the completion period that would otherwise apply under section 18 of the Mediation Act, 2023, for these proceedings. The arbitration deadline runs from completion of pleadings, not from the original reference or first appearance. Amended section 18(5) gives jurisdiction to the relevant MSEFC, mediation provider, or alternative dispute resolution institution where the supplier's official address under section 8 registration is located, even when the buyer is elsewhere in India. The Central Government may establish an online mechanism for mediation or arbitration through audio-video and other electronic means. The Act recognizes video conferencing, electronic filing of pleadings, communication, recording of evidence, and transmission of electronic communications. The actual procedure must be prescribed later. Enforcement of Settlements and Awards New section 18A adds two enforcement consequences for a mediated settlement agreement or arbitral award made by an MSEFC or a referred mediation or arbitration provider. First, the State Government may recover the amount as arrears of land revenue through the District Collector, Deputy Commissioner, or another State-notified authority where the buyer's assets are located. Second, the amount determined by the settlement or award constitutes a valid and legally enforceable debt and is liable to be recognized under the Insolvency and Bankruptcy Code, 2016. These provisions strengthen the legal character of the determined amount. They do not guarantee immediate collection or prove that insolvency proceedings will succeed. Recovery will remain subject to the applicable statutory process, jurisdiction, available assets, and any valid challenge. Challenging an Award or Mediated Settlement Substituted section 19 applies to an application seeking to set aside a decree, award, other order, or mediated settlement agreement made under section 18. An applicant who is not the supplier must deposit 75% of the amount stated in the award or mediated settlement agreement before a court may entertain the application. While the challenge is pending, the court must direct payment to the supplier of a percentage of the deposited amount that it considers reasonable. If the application has remained pending for more than six months, the court must order payment to the supplier of at least 50% of the awarded amount from the deposit. The application must be filed in the court having jurisdiction over the supplier's official address, as per Section 8. Buyers considering a challenge should account for the deposit requirement and the risk of supplier release before initiating litigation. Suppliers should keep their registered official address accurate because it affects jurisdiction under sections 18 and 19. Expansion and Composition of MSEFCs Substituted section 20 requires each State Government to establish an adequate number of MSEFCs in addition to its existing Council. The State notification will specify its location, territorial jurisdiction, and the areas it covers. Councils must meet regularly to ensure the timely disposal of section 18 references. The State Government will prescribe the meeting interval and procedure. A State may also provide physical infrastructure, digital systems, and trained personnel. Under substituted section 21, each Council must have at least three and no more than five members. It must include: An officer not below the rank of Joint Director as Chairperson. One or more office-bearers or representatives of micro or small industry or enterprise associations. At least one member from the field of law. The State Government will prescribe the detailed composition, the filling of vacancies, and the procedure for members. The express requirement for legal representation may support more consistent handling of mediation, arbitration, and enforcement issues, although the practical result will depend on appointments and State capacity. Penalties Under the Amended Act The substituted section 27 creates graduated consequences for specified contraventions. Contravention First instance Later instance Wilfully furnishing false information in the section 8 registration memorandum Warning Penalty of at least Rs. 1,000 and up to Rs. 50,000 for the second or any subsequent instance Failure to comply with section 26(2) Warning Penalty of at least Rs. 1,000 and up to Rs. 50,000 for the second or any subsequent instance Buyer contravening section 22 annual-account disclosure Warning Second contravention: penalty of at least Rs. 10,000 and up to Rs. 50,000, third or subsequent contravention: fine of at least Rs. 50,000 and up to Rs. 1 lakh Section 27(3) states that penalties under the section will increase by 10% of the prescribed minimum amount after every three years from the commencement of the amendment, as notified by the Central Government. The future notification should be checked before calculating an escalated minimum. Section 22 concerns the disclosure of unpaid amounts and interest due to micro or small suppliers in the buyer's annual statement of accounts. New section 22A, dealing with TReDS reporting, is separate and is not expressly listed in the penalty table under amended section 27. Adjudication and Appeal New section 27A changes how penalties under section 27 are imposed. The Central Government must appoint the Development Commissioner as the adjudicating officer. The officer will conduct an inquiry and impose a penalty in the manner prescribed by the Central Government. No penalty may be imposed without giving the affected person a reasonable opportunity to be heard. An aggrieved person may appeal to the Secretary to the Government of India who is in charge of the Ministry or Department administering MSMEs. The normal period is 30 days from receipt of the adjudicating officer's order. A delayed appeal may be admitted if sufficient cause is shown. The appellate authority must give the party an opportunity to be heard and is expected to dispose of the appeal within 60 days of filing. An unpaid penalty confirmed by the adjudicating officer or appellate authority may be recovered as arrears of land revenue. Central and State Government Responsibilities Function Central Government State Government MSME classification Notifies classification limits No equivalent power stated in amended section 7(1) Registration Notifies classification limits May notify State platform and prescribe State filing form/manner TReDS settlement Prescribes CPSE and Central-notified entity process May notify covered State entities and prescribe their process Online dispute resolution May establish mechanism and prescribe procedure No equivalent mechanism stated in amended section 18 MSEFC structure No direct establishment role in substituted section 20 Establishes Councils and prescribes meetings, composition and procedure TReDS disclosure Prescribes reporting for CPSEs and Central-notified entities Prescribes reporting for State-notified entities Penalty adjudication Appoints Development Commissioner and prescribes inquiry/appeal procedure No equivalent adjudication role under section 27A Businesses operating in more than one State may therefore face a common Central framework alongside different State notifications and Council procedures. Provisions Requiring Further Rules or Notifications The amendment leaves several operational matters to delegated legislation. Provision Pending action Responsible authority Section 1(2) Commencement date or dates Central Government Section 7(1) MSME classification limits Central Government Section 8(1) National digital platform and filing procedure Central Government Section 8(2) State platform and filing procedure State Government Section 15A Form and manner of TReDS settlement, possible notification of more entities Central or State Government Section 18(6)-(7) Establishment and procedure of online dispute mechanism Central Government Section 20 MSEFC meeting interval and procedure State Government Section 21 Council composition details, vacancies, and member procedure State Government Section 22A TReDS invoice disclosure form and manner Central or State Government Section 27(3) Three-year penalty increase notification Central Government Section 27A Inquiry, penalty, and appeal procedure Central Government The Act sets the legal direction, but these instruments will determine how covered entities perform many of the new duties. Saving of Existing Actions and Notifications Section 17 of the amendment preserves anything done, action taken, or notification issued under the principal Act, but only to the extent that it is consistent with the amended Act. Such action continues until revoked and is treated as if taken under the corresponding amended provision. This clause may reduce disruption to existing registrations, notifications, and administrative actions. It does not mean that every earlier instrument survives despite inconsistencies. Businesses should compare an existing notification with the amended provision and check whether the Government has revoked, replaced, or clarified it. Scope and Applicability Stakeholder Covered? Relevant condition Main concern Micro, small and medium enterprises Yes Classification and voluntary registration provisions Category, registration data, and access to benefits Micro and small suppliers Yes Delayed-payment protections apply to statutory suppliers Registered address, evidence and dispute timelines CPSEs procuring from MSMEs Expressly covered by section 15A From relevant commencement and prescribed procedure TReDS routing and reporting Other Central authorities, bodies or entities Conditionally Only if notified by the Central Government Notification monitoring State PSEs and other State bodies Conditionally Only if notified by the State Government State-specific implementation Private buyers Not automatically covered by section 15A May remain subject to other MSMED Act duties, section 15A applies only if lawfully notified Payment and section 22 disclosure controls MSEFCs and ADR providers Yes Amended section 18 and State implementation Case timelines, jurisdiction and digital procedure Impact on Businesses MSMEs and Suppliers MSMEs may benefit from digital registration, defined dispute timelines, and stronger recovery provisions. Suppliers should maintain accurate registration details and complete records of orders, deliveries, invoices, acceptance, and payments. CPSEs and Notified Buyers Covered buyers may need to route MSME invoice settlements through TReDS and report the relevant details. This could require changes across procurement, finance, treasury, and accounting systems. Finance and Compliance Teams Teams must keep invoice and vendor data accurate. They should also separate existing section 22 disclosures on unpaid dues from the new TReDS reporting requirement under section 22A. State Governments and MSEFCs States may need additional MSEFCs, trained staff, and better case-management systems. These resources will be important for meeting the new mediation and arbitration timelines. Benefits and Implementation Challenges Likely benefits include: A more flexible classification framework based on investment and turnover. Free and voluntary registration through digital platforms. Better payment traceability for covered public-sector procurement. Faster statutory stages for mediation and arbitration. Stronger routes for enforcing settlements and awards. Legal expertise within each MSEFC's required composition. A hearing and appeal framework for administrative penalties. Likely implementation challenges include: Coordinating commencement dates with multiple supporting rules. Integrating TReDS with procurement, acceptance, ERP, and banking systems. Maintaining reliable MSME vendor classification and registration data. Reconciling invoice-level reporting across platforms. Building MSEFC capacity to meet the new periods. Tracking different State notifications and procedures. These are business implications, not additional legal duties created outside the Act. Risks and Consequences of Non-Compliance Once the relevant provisions come into force, source-based consequences may include warnings, monetary penalties, a fine for repeated contraventions of section 22, and recovery of unpaid penalties as arrears of land revenue. Practical risks may include: Payment delays caused by incomplete TReDS integration. Inconsistent invoice data across procurement and finance systems. Weak defense in a payment dispute because acceptance or communication records are missing. Filing in the wrong forum because the supplier registration details are outdated. Incorrect public reporting of unpaid or TReDS-settled invoices. Budget pressure from the 75% deposit required for a challenge. Organizations must not assume that all consequences will apply from the date of consent. The commencement and implementation of the instrument remain key. What Businesses Should Do Next Monitor commencement notices. Capture the start date for each provision rather than relying on 13 August 2026 as a general effective date. Create a delegated legislation register. Monitor classification limits, registration forms, TReDS procedures, reporting formats, online dispute rules, and adjudication rules. Review vendor master data. Identify MSME suppliers and verify registration number, category, and official address. Workflow map of the invoice process. CPSEs and potentially notified entities must provide documentation of their invoice process from procurement through TReDS to final payment. Test reporting control processes. Verify that the annual accounting reports per section 22 and future TReDS reporting under section 22A may be reconciled to source documents. Enhance the dispute file. Save contracts, purchase orders, proof of delivery, any objection in writing, proofs of acceptance, invoices, and payment correspondence. Litigation Funding. Buyers need to have the 75% statutory deposit in place before challenging a decision or settlement. State Action. State PSEs, suppliers, and multi-state entities must monitor State notifications, jurisdiction of MSEFC, and procedures. Regulatory Developments to Monitor Businesses should watch for: A notification commencing all or selected provisions. New MSME classification limits under Section 7. Notification of the national registration platform. State digital-platform notifications. Central and State TREDS settlement rules. Notifications extending Section 15A to more entities. TReDS disclosure formats under Section 22A. Online mediation and arbitration rules. State rules for MSEFC meetings and composition. Central rules for penalty inquiries and appeals. How Can Corpseed Help? The 2026 amendment may require businesses to revisit multiple areas of compliance. A company may need to check its MSME records, confirm the status of its vendors, change how invoices are processed, and keep closer track of payment disputes. The work involved will depend on which provisions are brought into force and what the Central or State Government subsequently prescribes. Corpseed can help affected businesses identify relevant requirements and organize supporting registrations, records, and internal processes. Checking Whether the Amendment Applies The first step is to understand where the business stands under the amended law. Corpseed can review the organization’s activities, vendor relationships, and transaction structure to identify: Provisions that directly cover the business. Requirements that will apply only after commencement. Possible exposure to future Central or State notifications. Teams that may need to change their existing processes. This review can help a business focus on relevant provisions instead of applying the entire amendment to every transaction. Tracking Commencement Dates and New Rules The Act allows different provisions to begin on different dates. It also leaves several practical details to be addressed in future notifications and rules. These may cover registration forms, TReDS procedures, reporting formats, and the conduct of penalty proceedings. Corpseed can track these developments and explain how a new notification affects the business. This may include reviewing: Commencement notifications. Central and State implementing rules. Revised classification conditions. Prescribed forms and filing procedures. Reporting and record-keeping requirements. Assistance With MSME Registration The amendment describes memorandum filing as free and voluntary. Even so, registration may remain relevant for accessing government benefits and determining the supplier’s official address in a payment dispute. Corpseed can assist with: Checking the enterprise’s eligibility and classification. Reviewing the information required for registration. Preparing the filing on the notified digital platform. Checking existing registration details for errors or outdated information. Supporting permitted corrections and updates. Preparing for TReDS-Based Settlement Once the relevant provision becomes operational, covered Central Public Sector Enterprises and other notified entities may be required to route MSME invoice settlements through an authorized Trade Receivables Discounting System platform. The preparation process can go beyond just signing up for a platform. Purchase orders, invoice approval, vendor files, payment authorization, and accounting reconciliation may require coordination. Corpseed can review: The existing invoice-processing cycle. Controls used to identify MSME vendors. Purchase-order and invoice-acceptance procedures. Coordination between procurement, finance, and treasury teams. Differences between current systems and the notified TReDS process. Records showing that an invoice was routed and settled correctly. The final compliance process can be determined only after the relevant Government issues the prescribed rules and procedures. Reviewing Vendor Records Wrong category, MSME number, or location of the MSME will hamper the invoicing process and dispute resolution. Therefore, vendor details must be validated before starting the invoicing process. The checklist may include: Registration of MSME Classification of enterprise Registered business location Vendor statements Documents evidencing registration Vendor master records Procedure for supplier reclassification Reporting and Document Control The new clause mandates another disclosure requirement for invoices processed through TReDS. It is important to remember that this cannot be mistaken for the reporting requirement in Section 22 regarding unpaid invoices and interest payments. Corpseed can help identify the applicable reporting requirement, trace invoice figures to supporting records, and prepare internal checks for the responsible teams. The work may include: Mapping invoice data to the correct legal provision. Reviewing the records used to prepare a disclosure. Creating practical reporting checklists. Reconciling finance records with platform information. Improving coordination between finance and compliance personnel. Organizing Delayed-Payment Records A payment claim is easier to assess when the transaction file is complete. Missing purchase orders, delivery records, or written objections can create avoidable difficulties during mediation or arbitration. Corpseed can help organize records such as: Contracts and Purchase Orders. Delivery or Performance Certificates. Bills submitted for payment. Documentation that the bills have been received and accepted. Any objections put forward by the purchaser. Payment Terms Agreed Upon. Statements of amount outstanding. Letters between the supplier and purchaser. This service does not guarantee recovery or any outcome of the matter. Preparing for MSEFC Proceedings The amendment introduces defined periods for mediation, referral to arbitration, and the making of an arbitral award. Businesses may have less room for internal delay once a matter reaches the Micro and Small Enterprises Facilitation Council. Corpseed can assist with preliminary document review, organization of the dispute file, and identification of the applicable statutory dates. It can also help check the supplier’s registered address, which is relevant to jurisdiction under the amended provisions. Where a matter requires legal representation, interpretation of contested rights or case-specific legal advice, the business may also need to engage an appropriately qualified legal professional. Continuing Compliance Support The amended framework will develop through commencement notifications, Central rules, State rules, and platform procedures. A process designed before these instruments are issued may need to be revised later. Corpseed can continue monitoring verified regulatory developments and help the business update its records, reporting controls, and operating procedures when a relevant requirement changes. Speak With a Corpseed Compliance Specialist MSMEs, CPSEs, and other potentially affected organizations can approach Corpseed for support with applicability reviews, MSME registration, TReDS readiness, documentation, and regulatory monitoring. Corpseed provides filing, documentation, and compliance-coordination assistance. Registration, government approval, payment recovery, and the outcome of mediation, arbitration, adjudication, or court proceedings remain subject to the relevant authority and applicable law.
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Jan Vishwas Act 2026: How India's Biggest Business Law Reform Removes Jail Risk & Replaces It with Smarter FinesSummary: India just passed a very important new law called the Jan Vishwas (Amendment of Provisions) Act, 2026. Even though the name may seem a bit lengthy and intimidating, the underlying principle is rather simple. Think about a situation when you get arrested simply due to a small error that occurred in a shop, such as an incorrectly labelled product. Doesn't it sound a bit unjust? The amendment states, "Just impose a financial penalty instead." The President of India signed this law on 7th April, 2026, and it was published in the Gazette of India on 8th April, 2026. Different parts of the law will start on different dates, as the Central Government announces them. For example, changes related to medicines and AYUSH products begin on 1st July, 2026. What Jan Vishwas 2026 Does and When It Starts This law goes through dozens of old rules and laws that India has had for a long, long time - some from as far back as 1870! It updates all of them by making one key change: instead of sending people to jail for small mistakes, it charges them a monetary fine instead. Here's a simple breakdown of what the law does: What the Law Says What It Means in Simple Words Change old criminal punishments to penalties No jail for small business mistakes - just a money fine Creates "Adjudicating Officers" A special official who decides if someone broke a rule and what fine to pay Creates an "Appeal" system If someone disagrees with the fine, they can go to a higher official within 30 days. Fines go up by 10% every 3 years Fines stay fair and don't become too small over time Saves all old rights and cases Cases already going on in courts won't be affected by this new law. The government can fix problems for 2 years. If something is confusing in the new law, the Government can fix it quickly. The law covers a wide range of old Indian laws, including rules about stamps, cattle, drugs and medicines, pharmacy, banks, coal mines, silk, dock workers, urban development, army, and much more. How It Changes the Regulatory Regime Before this law, if someone broke even a tiny rule - like a label on a medicine bottle being slightly wrong - a police case could be filed, and the person could face jail. That made businesses very scared. Now, the system works more like a staircase of punishments: Step 1 - Warning or a small fine Step 2 - A bigger fine if the mistake happens again Step 3 - An even bigger fine for every day the mistake continues Step 4 - Jail only if someone refuses to pay the fine This is much fairer. A new officer, called an Adjudicating Officer, handles all these cases. This officer calls the person, listens to both sides, and then decides the fine. The fine cannot be decided without giving the person a proper chance to explain. After the fine is set, anyone who disagrees can appeal to a higher authority within 30 days, and that appeal must be decided within 60 days. Another big change: every 3 years, the minimum fine amount goes up by 10%. This makes sure fines don't become so small that nobody cares about them. Here is a look at how some specific fines changed: Impact on Businesses and Individuals Who Benefits the Most Small businesses and shops (MSMEs): Earlier, a small shopkeeper or factory owner could get a police case filed against them for a tiny mistake. This was very scary and costly - even if they were innocent, fighting a criminal case in court takes years and a lot of money. Now, most of these mistakes are handled through a fine system, which is faster and less scary. Big companies in key sectors: Companies working in medicines (AYUSH, Drugs & Cosmetics), legal measurements, coal mines, silk, roads, and local government areas now face less risk of criminal cases for technical mistakes. Government officials who enforce rules: Officials now have clear powers. Earlier, they had to send every rule-breaking case to a criminal court. Now, they handle most cases themselves - faster and more fairly. Ordinary citizens: Better enforcement in areas like slum rules, highway safety, animal welfare, and urban development means cleaner, safer cities and towns. Who May Be Worse Off or "In Losses" Businesses that keep breaking rules: The new fines are much higher. A business that used to get away with small fines will now pay a lot more, and the fines go up every 3 years. There is no escaping. Anyone who ignores official notices: If a fine is decided and not paid, it gets recovered like a land tax - the government can take property or money. And if someone is repeatedly ignoring rules, jail is still possible. Large contractors or builders: Some fines have jumped dramatically. For example, mischief on national highways can now attract a fine of up to ₹1 crore. This is a big number even for large companies. Why the Ministry of Law & Justice Introduced Jan Vishwas The Ministry of Law & Justice introduced this law because it cuts across many different rules from many different ministries. The main reasons for bringing this law are: Make India easier to do business in: For years, industry groups have asked for fewer criminal risks in business laws. This law answers that call. Make fines realistic: Old fines - like ₹100 from a law written in 1871 - meant nothing to anyone today. New fines are bigger and go up automatically. Reduce load on courts: Millions of small cases were clogging up criminal courts. Moving them to administrative officers frees up the courts for bigger, more serious cases. Make rules clearer: Many old laws were confusing and outdated. This law standardises how penalties are decided, appealed, and recovered. Law Old Fine New Fine Cattle-Trespass Act ₹100-500 ₹5,000 Court Fees Act (stamp fraud) ₹1,000 ₹10,000 Slum Areas Act violations Low Up to ₹1 Lakh Damage to National Highways Low Up to ₹1 Crore Impact on the Indian Economy and Business Environment Positive Systemic Effects A better place to invest and start a business: When investors know that honest businesses won't face jail for small mistakes, they feel more confident putting money into India. This helps sectors like pharma, infrastructure, mining, logistics, and consumer products grow. More consistent enforcement: Regulators who earlier avoided taking action - because criminal courts were too slow - can now act quickly through the penalty system. This means better drug safety, stronger building norms, and safer highways. Smarter fines that stay meaningful: The automatic 10% increase every 3 years means Parliament doesn't have to keep passing new laws to update fine amounts. Better cities and towns: Many amendments target Delhi-specific laws - the Delhi Municipal Corporation Act, Delhi Development Act, Slum Areas Act, and Cantonments Act - which should make urban management sharper and cleaner. Potential Negatives and Risks Risk Explanation Higher cost of breaking rules While jail risk drops, money risk rises sharply for repeat offenders. The quality of officials matters. If adjudicating officers are not well-trained, fines may be unfair or inconsistent. Small businesses must know their rights. If a business doesn't respond to notices or misses appeal deadlines, the penalty becomes final. Overall, the law is clearly pro-reform and pro-business. The burden falls mainly on those who don't want to follow the rules. Does This Add Burden or Improve Conditions and Transparency? Improvements Clarity on what happens when rules are broken: Now everyone knows the penalty amounts, who decides them, how to appeal, and by when. No more guessing. Rules made in public: Many laws now require that detailed procedures be written as rules that are placed before Parliament - not hidden in internal orders. Fairer punishment steps: Going from a warning to a small fine, then to a bigger fine, and then to limited jail is more balanced than jumping straight to a criminal case. Remaining or New Burdens New knowledge needed: Businesses must now understand a new penalty system across all the laws that apply to them. Rising fines over time: Because fines go up 10% every 3 years, the cost of not improving a compliance system keeps growing. Stronger internal processes needed: Businesses must keep better records, track notices, and be ready to reply to official communications on time. This is, in the end, a net positive for the Indian economy and for honest businesses. It is not primarily an environment law - though some sections (animal welfare funding, slum areas, highways, cantonments) will indirectly protect the environment and public spaces. Opportunities for Corpseed and Similar Compliance Firms For companies like Corpseed that help businesses with regulatory work, licensing, and compliance, this law opens up several new areas of work: Cross-law compliance mapping: Businesses need to know exactly which old rules have changed and what the new fines are. A compliance firm can build ready-made products for sectors like Drugs & Cosmetics, Legal Metrology, Municipal laws, Labour laws, and Coal Mines. Revising internal checklists and processes: Every business that operates in regulated sectors needs updated Standard Operating Procedures (SOPs) that help them avoid first-time violations, respond to notices, and file appeals within the deadline. Technology dashboards (RegTech): A software tool that tracks all the laws a business must follow, shows when fines go up (every 3 years), and alerts the team about any notices or hearings - this is a very useful product for mid-size and large companies. Training and workshops: Compliance officers, factory managers, company secretaries, and legal teams need training on how the new penalty system works across different sectors. Paid workshops and webinars can serve this demand well. Helping in legal replies and appeals: When businesses receive show-cause notices from adjudicating officers, they need help writing replies and representing themselves. Compliance firms can play this role professionally.
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