Agriculture Under GST Is Not a Blanket Exemption

 By CA Surekha S Ahuja

A Forensic, Definition-Driven Decode of the ICAI Handbook — Technical Fault Lines, Strategic Levers & Litigation-Ready Insights

“In GST on agriculture, exemption is not inherited from the soil — it is earned through statutory precision.”

The Handbook on Applicability of GST on Agricultural Sector issued by the Institute of Chartered Accountants of India (ICAI) dismantles a widespread assumption: that agriculture as a sector enjoys broad immunity from GST. The law does not exempt “agriculture.” It exempts certain supplies, by certain persons, under strictly defined conditions.

Miss one limb of the definition — status, source, process, packaging, or usage — and the exemption collapses. What follows is a deeply analytical, litigation-conscious decode designed for farmers, millers, traders, exporters, CFOs, and tax professionals.

The Architecture of Exemption — Where the Law Draws the Line

1. “Agriculturist” — The Status Gate That Filters Everything

Under the CGST Act, an agriculturist must be:

• An Individual or HUF

• Engaged in cultivation of land

• Using own labour, family labour, or supervised hired labour

• Supplying produce from own cultivation

Not covered: Firms, LLPs, companies, AOPs — even if they cultivate land.

Strategic Impact
Many agri ventures formalize into companies for funding or scale — inadvertently forfeiting agriculturist exemption. The moment the supplier’s status changes, the GST analysis must be reset.

2. “Agricultural Produce” — The Essential Character Doctrine

The exemption hinges on whether the goods retain their agricultural identity at the time of supply.

Qualifying characteristics:

• Plant or animal origin (excluding horses)

• Only minimal processing

• Processing normally undertaken by cultivator

• No change in essential characteristics

• Marketable in primary market

Permissible minimal processing:

• Cleaning

• Drying

• Sorting

• Grading

The decisive question is not whether the commodity originated in agriculture — but whether it still legally remains agricultural produce.

Once essential character changes, the exemption dissolves.

The Fault Lines — Where Exemption Quietly Breaks

A. Processing Gradient — From Soil to Shelf

Agricultural supply operates on a spectrum:

Cultivation → Conditioning → Primary market → Value addition → Branded retail

Exemption generally survives in the first two stages.
Beyond that, transformation invites taxability.

Professional Insight
Processing that enhances shelf life, consumer appeal, or branding frequently crosses the statutory line.

B. Packaging & Labelling — The Silent Tax Trigger

Fresh produce may be exempt.
However, pre-packed and labelled commodities, subject to evolving notification thresholds, often attract GST.

What increases market value may simultaneously create tax exposure.

A branding strategy must therefore be accompanied by a GST impact simulation.

C. Leasing of Agricultural Land — Substance Over Form

Lease or rent of land for agriculture or nursery use is exempt.

But if actual use shifts to:

• Warehousing

• Industrial activity

• Commercial storage

GST at 18% applies.

Revenue authorities examine factual use — not lease deed wording. Documentation must align with ground reality.

Reverse Charge — The Invisible Compliance Engine

Under reverse charge notifications, certain procurements from unregistered farmers (such as cotton to mills, paddy to rice mills, jute to factories) shift tax liability to the recipient.

Key Principle:

Supplier exemption does not mean transaction exemption. It may only shift the tax burden.

If the recipient’s outward supply is exempt, ITC utilization may be restricted — compressing working capital.

RCM transforms an apparently simple agricultural chain into a compliance-intensive structure.

ITC — Where Arithmetic Meets Risk

Rule 42: Common Credit Reversal

If a business deals in both taxable and exempt supplies:

Reversal Ratio = Exempt Turnover ÷ Total Turnover

Applied monthly; annual true-up required.

Even modest exempt turnover can materially dilute credit efficiency.

Rule 43: Capital Goods Allocation

Capital goods ITC is amortized over 60 months.

A change in output composition, business model, or disposal event can trigger proportionate reversal — with interest exposure.

GST on agriculture is not merely classification. It is credit engineering.

Exports — Strategic Registration vs Passive Exemption

Exports are zero-rated.

However:

• Unregistered agriculturist → No ITC refund

• Voluntary registration → LUT route + refund eligibility

If input taxes (fertilizer, packaging, logistics, storage) form a significant cost component, voluntary registration may enhance margins despite compliance load.

Exemption is not always economically superior to registration.

Storage & Ancillary Services — Conditional Relief

Storage/warehousing exemption applies only when goods qualify as agricultural produce under definition.

If essential character has changed, storage becomes taxable.

The classification of goods stored becomes a litigation hotspot.

The Professional Decision Framework

Before advising exemption, test sequentially:

1. Is the supplier an Individual/HUF?

2. Is the produce from own cultivation?

3. Has processing remained farmer-typical and minimal?

4. Has essential character changed?

5. Does packaging create taxability?

6. Does RCM apply on procurement?

7. Is there mixed turnover requiring ITC reversal?

8. Is voluntary registration economically optimal?

Exemption must survive each filter.

Risk Matrix — Where Litigation Emerges

Risk Zone	Trigger	Exposure
Status Risk	Company/Firm supplier	Registration & forward charge
Processing Risk	Transformation beyond minimal	5%–18% GST
Packaging Risk	Pre-packed & labelled	Taxability shift
Leasing Risk	Non-agri use	18% GST
RCM Risk	Unregistered farmer supply	Recipient liability
ITC Risk	Mixed supplies	Reversal + interest

Strategic Advisory Philosophy

Agricultural GST planning is not about avoiding tax.
It is about:

• Structuring supply chains intelligently

• Preserving defensible exemption

• Modeling ITC efficiency

• Aligning packaging strategy with tax exposure

• Maintaining audit-ready documentation

The most dangerous word in GST on agriculture is “assumed.”

The Closure — A Precision-Based Perspective

“In agriculture under GST, soil is not the test — statute is.”

Exemption is fragile because it is conditional.
It is conditional because it is definition-bound.
And it is definition-bound because GST is transaction-centric, not sector-centric.

The true professional question is never:

“Is this agricultural?”

It is:

“Does this supply, by this person, at this stage of processing, in this packaging, satisfy every statutory limb?”

Only when the answer is an unequivocal yes does exemption endure scrutiny.

Anything less is exposure waiting to be quantified.

THE DEFINITIVE MASTER GUIDANCE NOTE WAIVER / REDUCTION OF INTEREST UNDER SECTION 220(2A)

 By CA Surekha S Ahuja

PART I – STATUTORY ARCHITECTURE & LEGAL NATURE

1. Structural Scheme

The statutory chain operates as follows:

• Section 156 – Notice of Demand

• Section 220(1) – 30 days to pay

• Section 220(2) – Interest on default

• Section 220(2A) – Waiver / reduction of interest

• Section 220(3) – Instalments

• Section 222 – Recovery proceedings

• Section 254 – Powers of ITAT

• Section 264 – Revision

• Section 159 – Legal representative liability

• Section 282 – Valid service of notice

Appeals from assessment orders lie before the
Income Tax Appellate Tribunal

2. Nature of Interest under Section 220(2)

Interest is:

• Statutory
• Compensatory
• Automatic upon default

However, it is not punitive. If it becomes oppressive or disproportionate, Section 220(2A) operates as statutory equity.

The Supreme Court in
B.M. Malani
(2008) 306 ITR 196 (SC) laid down:

• “Genuine hardship” must receive liberal construction

• Authority must apply mind objectively

• Reasons must be recorded

• Discretion is quasi-judicial

• Mechanical rejection is impermissible

This is the governing precedent.

PART II – CONSTITUTIONAL FRAMEWORK

Section 220(2A) is not mere discretion — it is controlled discretion.

Administrative orders must satisfy:

• Article 14 – Non-arbitrariness
• Doctrine of proportionality
• Doctrine of fairness
• Legitimate expectation
• Speaking order requirement

Any rejection ignoring evidence becomes vulnerable under Article 226.

PART III – THE THREE STATUTORY CONDITIONS (DEEP ANALYSIS)

Section 220(2A) requires satisfaction of:

Condition 1: Genuine Hardship

Hardship ≠ insolvency.
Hardship = disproportionate financial burden.

Courts have interpreted hardship liberally. It includes:

• Interest exceeding principal
• Medical emergency
• Business collapse risk
• Retirement / no income
• Estate limitation (legal heir cases)
• Litigation-induced accumulation

Quantification is mandatory.

Condition 2: Circumstances Beyond Control

Examples:

• Appeal pending for years
• Departmental delay
• Financial crisis
• Death of assessee
• Invalid service of notice
• Economic downturn
• Illness

Must show causal link between circumstance and non-payment.

Condition 3: Cooperation

Demonstrate:

• Response to notices
• No concealment
• Attendance in hearings
• Filing of appeals
• Partial payments

Even litigation does not negate cooperation.

PART IV – BURDEN OF PROOF MATRIX

Statutory Condition	Burden	Evidence Required	Common Mistake
Hardship	Assessee	Income-expense chart, net worth, bank statements	Emotional pleading without data
Beyond control	Assessee	Chronology, orders, medical proof	Vague explanation
Cooperation	Assessee	Copies of replies, appeal records	Not documenting past conduct

Failure to document = high rejection risk.

PART V – SERVICE DEFECT AS JURISDICTIONAL DEFENCE

Interest arises only upon valid service under Section 282.

If notice:

• Sent to wrong address
• Not digitally authenticated
• Served after death
• Not served at all

Then:

Default may not legally arise.

This becomes a strong foundational defence.

Always demand proof of service.

PART VI – SCENARIO ANALYSIS (ALL POSSIBLE SITUATIONS)

1. Interest Exceeds Principal

Invoke proportionality.
Argue interest has become punitive.

Strong waiver ground.

2. ITAT Appeal Dismissed for Non-Deposit

Appeals lie before
Income Tax Appellate Tribunal

Income-tax Act does not mandate fixed pre-deposit.

If dismissed:

• File MA under Section 254(2) (within 6 months)
• Challenge arbitrary dismissal
• Continue waiver route

3. Legal Heir Liability (Section 159)

Liability limited to estate inherited.

If estate small and interest large → strong waiver ground.

Document estate valuation.

4. Departmental Delay in Recovery

If department slept over recovery for years:

Argue:

• Accrual partly attributable to inaction
• State cannot benefit from its own delay

Relevant under proportionality.

5. Medical / Retirement Hardship

Provide:

• Medical records
• Pension details
• Cash flow analysis

Hardship must be objectively demonstrated.

6. Business Collapse Risk

Provide:

• Balance sheets
• Cash flow
• GST turnover
• Employee salary obligations

Show systemic impact.

7. Long Pending Litigation

If interest accumulated due to appellate delay:

Argue:

• Bona fide litigation
• No wilful default
• Interest multiplied due to time factor

Strong equitable case.

PART VII – LIMITATION & DELAY STRATEGY

Section 220(2A) prescribes no fixed limitation.

However:

Courts apply “reasonable time” principle.

Best practice:

✔ File within 3–6 months of knowledge
✔ Attach affidavit explaining delay
✔ Show continuing hardship

Unexplained delay weakens equity.

PART VIII – HEARING STRATEGY (PRACTICAL INSIGHT)

At personal hearing:

DO:

• Present structured note
• Provide numerical analysis
• Offer partial payment if strategic
• Emphasise cooperation

DO NOT:

• Argue emotionally
• Blame department aggressively
• Conceal financial facts

Tone must be professional, reasoned, constitutional.

PART IX – REJECTION ATTACK FRAMEWORK

If waiver rejected, examine whether order:

1. Merely reproduces statutory language

2. Fails to discuss documents

3. Ignores hardship evidence

4. Ignores proportionality

5. Omits reasons

6. Shows non-application of mind

Such orders are challengeable before High Court under Article 226.

High Courts including:

Bombay High Court
Delhi High Court
Madras High Court
Gujarat High Court
Karnataka High Court

have interfered where discretion exercised mechanically.

PART X – RECOVERY DEFENCE ARCHITECTURE

Under Section 222, department may:

• Attach bank accounts
• Issue garnishee notices
• Attach property

Immediate actions:

✔ File stay petition
✔ Inform about pending waiver
✔ Offer instalment plan
✔ Seek speaking order

Never ignore recovery notice.

PART XI – RISK STRATIFICATION MATRIX

Scenario	Waiver Probability	Litigation Risk	Strategy
Interest > Principal	High	Low	Proportionality
Medical hardship	High	Low	Evidence heavy
Legal heir small estate	Very High	Low	Estate limitation
Long litigation delay	Medium-High	Medium	Cooperation emphasis
No evidence hardship	Low	High	Weak case
Unexplained long delay	Low	High	Risky

PART XII – ONE TIME SETTLEMENT POSITION

Income-tax Act does not provide permanent OTS scheme like banks.

Relief may arise via:

• Section 220(2A) waiver
• Section 220(3) instalments
• CBDT circulars (case-specific)
• Legislative settlement schemes (when notified)

No automatic OTS exists currently unless scheme notified.

PART XIII – DOCUMENT CHECKLIST

✔ Demand notice
✔ Proof of service
✔ Interest computation
✔ Chronology table
✔ Financial statements (3 years)
✔ Bank statements
✔ Net worth
✔ Medical / estate documents
✔ Appeal records
✔ Affidavit explaining delay

Documentation quality often determines outcome.

PART XIV – REALISTIC POSITION ON “100% SUCCESS”

Section 220(2A) is discretionary.

Absolute certainty does not exist.

However, success probability becomes significantly high when:

✔ Jurisdictional defect present
✔ Hardship quantified
✔ Delay explained
✔ Cooperation demonstrated
✔ Proportionality invoked
✔ Application legally structured
✔ Principal payment willingness shown

Strong preparation converts discretion into legally defensible entitlement.

CONCLUSION

Section 220(2A) is a powerful statutory equity provision.

When invoked with:

• Constitutional framing
• Evidence-backed hardship
• Structured legal argument
• Proportionality doctrine
• Procedural vigilance

Rejection becomes legally vulnerable.

GST vs Income Tax in Agriculture

 By CA Surekha Ahuja

Why “Tax-Free” Agriculture Is One of India’s Most Audited, Litigated & Penalised Sectors

The Great Agricultural Tax Illusion

Agriculture in India is widely believed to be “outside tax”.
That belief is only half true—and dangerously incomplete.

Under the Income-tax Act, agricultural income enjoys a near-absolute statutory exemption. Under GST, however, agriculture survives only within a narrow, evidence-driven corridor, guarded by supervision tests, end-use verification, system reconciliations, and strict documentation standards.

This asymmetry has quietly turned agriculture into a high-risk audit sector, particularly for rice millers, agri-processors, land lessors, contract farmers, and exporters.

The ICAI Handbook on GST Applicability to the Agricultural Sector (Jan 2026) crystallises what field audits already reveal:

Most GST disputes in agriculture do not arise from evasion.
They arise from applying Income-tax logic to GST law.

This article examines agriculture purely from an agri-audit and enforcement perspective—how defaults arise, how officers frame demands, and how penalties and litigation can be avoided before notices are issued.

The Structural Conflict That Creates Litigation

Dimension	Income Tax Act	GST Law
Nature of relief	Absolute exemption	Conditional exemption
Primary test	Source of income	Activity, supervision, end-use
Evidence required	Minimal	Extensive & continuous
Officer discretion	Limited	High
Penalty exposure	Rare	Automatic & severe

Agri-Audit Insight
What is automatically exempt under Income Tax becomes exempt only if conclusively proven under GST—every year, every month, every transaction.

Rice Milling & Agri Processing - The Largest Silent Default Zone

Rice milling is not agriculture. It is an industrial manufacturing activity.
This position is settled across audits, adjudication, and appellate practice.

• Rice packed above 25 kg → Exempt output

• Rice bran, broken rice, consumer packs → Taxable outputs

• Governing law → Rule 42 / Rule 43 ITC reversal

Ownership of agricultural land, family involvement, or personal supervision has no legal relevance once activity crosses cultivation.

GST registration becomes mandatory on turnover breach, regardless of agricultural lineage.

Where Rice Mills Commonly Fail

• Exempt rice sold alongside taxable by-products

• Common packing material ITC not segregated

• Provisional ITC claimed monthly and never reversed

• GSTR-9 reconciliation delayed or cosmetic

• ITC claimed as expense under Income-tax and retained under GST

How Officers Build the Case

• Wrong availment of common credit

• Suppression of exempt-linked ITC

• Interest under section 50(3) treated as automatic

• Penalty proceedings under sections 73 or 74

Critical Caution
Rice mills rarely lose on tax rate.
They lose on input attribution discipline.

Audit-Safe Architecture

• ERP-level segregation of packing inputs

• Lot-wise input–output mapping

• Monthly Rule-42 workings preserved

• Timely GSTR-9 Table 6B reconciliation

Agriculturist Exemption — Supervision Is the Only Shield

GST exempts only those agriculturists who personally supervise cultivation under section 23(1)(a).

The ICAI aligns with the Supreme Court’s classical test in Raja Benoy Kumar Sahas Roy:

Cultivation through hired labour qualifies only where personal supervision exists.

Enforcement Position

As clarified by the Central Board of Indirect Taxes and Customs, exemption survives only when:

• Produce is self-cultivated

• Supervision by owner or family is demonstrable

• Processing is limited to cleaning, drying, sorting

Registration becomes compulsory where:

• Mechanised harvesting occurs without supervision

• Commercial dryers, hullers, or mills are used

• Trading of third-party produce is undertaken

Audit Red Flags

• Mechanised operations with no supervision evidence

• Contract farming through corporate entities

• Mixing own produce with purchased produce

• Agricultural land records masking commercial activity

Most Common Litigation Fallacy

“The land is agricultural, therefore the activity is exempt.”

Audit Reality
GST evaluates what you did, not what the land is called.

Non-Negotiable Defence

Every agriculturist claiming GST exemption must maintain:

• Labour attendance and wage registers

• Supervision timestamps

• Geo-tagged field photographs

• Crop-cycle activity logs

Absence of this evidence converts exemption into taxable supply with retrospective exposure.

Agricultural Land Leasing - Where Income-Tax Logic Causes Maximum Damage

Under Income Tax, lease rent from agricultural land remains exempt.
Under GST, exemption applies only if the land is actually used for cultivation by the lessee.

The exemption follows end-use, not ownership.

Audit Trigger Indicators

• Warehousing, cold storage, or construction on leased land

• Lessee is trader or processor

• Lease deed silent on agricultural-use restriction

• No cultivation or supervision evidence

Hidden Penalty Exposure

Where commercial use is established and the lessee is unregistered:

• The lessor faces penalty exposure under section 122(1)

• Ignorance or reliance on revenue records offers no defence

Audit-Safe Leasing Architecture

• Crop-specific exclusive use clause

• Right to inspect and terminate on deviation

• Quarterly geo-tagged usage certification

• Revenue and stamp documentation alignment

Agricultural Exports -Refund Rejection Is the New Litigation

Export of agricultural goods is rarely disputed.
Refund claims are.

Authorities treat agri-export refunds as a systems-matching exercise, not an exemption debate.

Audit Preference in Practice

• LUT route where supervision and exemption are unquestionable

• IGST-paid route where processing exists or ITC exceeds 20 percent

Strategic Insight
Paying IGST often converts a risky exemption dispute into a clean refund verification.

Most Common Refund Rejection Triggers

• GSTR-1 and GSTR-3B mismatch

• Shipping Bill not linked with EGM

• LUT expired mid-year

• ITC claimed on exempt outputs

• Improper merchant export endorsements

Refund Survival Protocol

• ICEGATE pre-validation before GSTR-1

• Continuous LUT monitoring

• Avoid inverted duty claims on exempt supplies

• Invoice–shipping bill–EGM correlation file

How GST Officers Actually Build Agricultural Cases

Area	Officer Focus	Default Risk	Preventive Shield
Cultivation	Supervision proof	Forced registration	Cultivator logbook
Processing	ITC reversal	Interest & penalty	ERP segregation
Land leasing	End-use	18% GST & penalty	Lease controls
Exports	System mismatch	Refund denial	ICEGATE sync

Field Pattern
Cases rarely start with intent.
They start with absence of evidence.

Why Penalties Escalate Rapidly in Agriculture

Once GST exemption collapses:

• Tax becomes retrospective

• Interest is automatic

• Penalty exposure multiplies

• Registration is back-dated

• Refunds and credits get blocked for years

Agri-Audit Reality
Agriculture carries lower tax rates but higher penalty ratios because failures are evidentiary, not interpretational.

The Preventive Architecture Every Agri Client Needs

Non-Negotiable Controls

• Cultivator supervision log

• ERP-based input segregation

• GST-aware lease drafting

• Periodic agri-GST internal audits

• Refund pre-validation checklist

Strategic Advisory Insight
A properly structured voluntary GST registration often:

• reduces net tax cost,

• improves buyer credibility, and

• eliminates retrospective shock demands.

Final Professional Verdict

Agriculture is not outside GST.
It is inside GST—with conditions.

Under GST:

• Supervision creates exemption

• Documentation sustains exemption

• Assumptions destroy exemption

FEMA Remittance Mismatches — Comprehensive Bank-Level Solutions for Inward and Outward Transactions

 BY CA SUREKHA S AHUJA

A Ground-Reality Guide Under RBI Master Directions (FY 2025–26)

Why FEMA Mismatches Are an Expected Feature of Cross-Border Trade

In real-world cross-border commerce, FEMA mismatches are structural, not exceptional.

Indian businesses transacting with Asia-centric jurisdictions (Hong Kong, Singapore, China, UAE, Korea) routinely face mismatches due to:

• advance-based trading models

• multi-party group structures

• delayed logistics and documentation

• foreign exchange fluctuations

• evolving commercial terms

Recognising this, the Reserve Bank of India has consciously empowered Authorised Dealer banks to regularise genuine mismatches through documentation, without invoking penalty or compounding, as long as intent is bona fide.

RBI’s Embedded Framework — Regularise, Document, Close

Across Master Directions governing imports, exports, and reporting:

• Commercial failure is not treated as violation

• Procedural delay is not equated with contravention

• Substance overrides format

• Banks are the first and final resolution authority in most cases

As a result, over 95 percent of FEMA mismatches are resolved at the bank level itself.

Outward Remittance Mismatches — Import Side

Advance Remitted, Supplier Closed, No Import Took Place

Situation
Advance paid against PO; supplier dissolved or unreachable; no Bill of Entry after statutory period.

Bank-Accepted Resolution

• Purchase order and SWIFT proof

• Email follow-ups

• Foreign registry dissolution or strike-off extract

• CA confirmation that no Bill of Entry exists

• Self-declaration of non-receipt

Outcome
No-Import closure issued; write-off permitted (commonly up to USD 100,000) without RBI approval.

Advance Paid, Import Cancelled by Mutual Consent

Situation
Commercial cancellation due to pricing, logistics or regulatory reasons.

Solution

• Cancellation correspondence

• Supplier confirmation

• Refund SWIFT or adjustment agreement

Outcome
Transaction closed as cancelled import; no violation.

Goods Shipped, Bill of Entry Delayed or Lost

Situation
Goods shipped but customs clearance delayed or documents misplaced.

Solution

• Shipping documents

• Overseas warehouse or port confirmation

• Importer affidavit

• Bank extension approval

Outcome
Timeline extended; no penalty.

Partial Import Against Full Remittance

Situation
Only part of goods received; balance not supplied.

Solution

• Bill of Entry for received goods

• Supplier debit note / balance write-off confirmation

• Reconciliation statement

Outcome
Partial closure permitted.

Remittance Amount Does Not Match Invoice

Situation
Excess or short remittance due to forex movement, tolerance clause or renegotiation.

Solution

• Reconciliation statement

• Supplier confirmation

• Revised PO or credit/debit note

Outcome
Variance accepted; excess may be parked in EEFC.

Wrong Purpose Code Used

Situation
Incorrect FEMA purpose code selected during remittance.

Solution

• Invoice and agreement

• Self-declaration

• Online correction request

Outcome
Purpose code corrected; no fee, no penalty.

Import Through Third-Party Supplier

Situation
Remittance made to one entity; goods supplied by another.

Solution

• Tri-party agreement

• Commercial explanation

• Invoices and shipping documents

Outcome
Accepted if substance is clear.

Inward Remittance Mismatches — Export and Service Receipts

Invoice Raised on Indian Entity, Payment from Foreign Group Company

Situation
Holding or affiliate remits payment.

Solution

• Invoice copy

• SWIFT proof

• Group structure

• Consent email

• KYC of remitter

• CA genuineness certificate

Outcome
Credit allowed; FIRC issued.

Export Advance Received, Shipment Did Not Occur

Situation
Commercial cancellation or force majeure.

Solution

• Refund through banking channel, or

• Adjustment against future invoice with buyer NOC

Outcome
No utilisation certificate required if refunded.

Export Invoice Raised, Partial Payment Received

Situation
Balance delayed due to buyer constraints.

Solution

• Proof of substantial receipt

• Buyer correspondence

• Extension request

Outcome
FIRC issued for received amount; balance tracked.

Export Proceeds Realised Beyond Prescribed Period

Situation
Delayed realisation beyond normal timeline.

Solution

• Buyer justification

• Extension approval

• Evidence of recovery efforts

Outcome
Regularised without violation.

Currency Mismatch Between Invoice and Receipt

Situation
Invoice in one currency, receipt in another.

Solution

• Forex conversion working

• Bank rate confirmation

• Gain/loss declaration

Outcome
Accepted and adjusted.

Third-Party Receipt Through Overseas Agent

Situation
Payment routed via commission agent.

Solution

• Exporter authorisation

• Agency agreement

• Back-to-back invoices

Outcome
Purpose code aligned to commission receipt.

Over-Realisation or Short-Realisation of Export Proceeds

Situation
Received more or less than invoice.

Solution

• Reconciliation

• Buyer confirmation

• Adjustment against future invoices

Outcome
Regularised.

Intra-Group and Complex Structures

Intra-Group Settlement Without Matching Invoice

Situation
Group treasury or netting arrangement.

Solution

• Inter-company agreement

• Board resolution

• Fund flow explanation

• Consolidated KYC

Outcome
Treated as permitted trade/service flow.

EEFC Credits Without Immediate Underlying Invoice

Situation
Advance pooling or timing mismatch.

Solution

• Future invoice mapping

• Declaration of intended utilisation

Outcome
Accepted if adjusted within permitted period.

Income-Tax Overlay - Why FEMA Regularisation Protects 

Even after FEMA closure:

• Section 195 exposure may still be examined

• Form 15CA / 15CB consistency matters

However, a FEMA-regularised transaction is rarely treated as sham under income-tax proceedings, provided documentation is aligned.

How Banks Expect Submissions — The Universal Template

Banks expect:

• Clear narration

• Chronology of events

• Evidence of bona fide intent

• Concise document pack

• CA confirmation where values are high

Escalation to RBI FED is exceptional, not routine.

The Professional Reality

FEMA mismatches are not failures.
They are commercial explanations waiting to be documented.

When handled correctly:

• no Section 13 penalty

• no compounding

• no long-term compliance stain

When ignored, they become retrospective liabilities.

Closing Statement

In FEMA, truth plus documentation is compliance.

Banks are empowered to regularise — professionals are expected to explain.

That intersection is where real compliance exists.

Companies Compliance Facilitation Scheme, 2026

By CA Surekha Ahuja 

The Definitive Professional Guidance Note for Companies, Directors and Compliance Advisors

(Issued vide General Circular No. 01/2026 dated 24 February 2026 by the Ministry of Corporate Affairs)

Executive Context — Why CCFS-2026 Is a Regulatory Turning Point

The Companies Compliance Facilitation Scheme, 2026 (CCFS-2026) is not a routine amnesty or a cosmetic fee-reduction exercise. It is a targeted regulatory reset designed to correct chronic annual-filing failures that have distorted MCA-21 records since 2018 and constrained the formal economy.

The scheme serves four clear regulatory objectives:

• Restoration of data integrity on MCA-21
• Re-enabling MSMEs and private companies for banking, tenders and investments
• Segregation of curable governance lapses from enforcement-worthy violations
• Preparation for post-scheme mass enforcement, adjudication and strike-off

The compliance window is strict and non-extendable:

15 April 2026 to 15 July 2026

After this date, the regulatory posture shifts decisively from facilitation to enforcement.

Legal Nature of the Scheme — Precise Boundaries

CCFS-2026 is an administrative relaxation, not a legislative amendment.

What the Scheme Achieves

• 90 percent waiver of additional fees for specified filings
• One-time regularisation of multi-year annual defaults
• Limited immunity from penalty and prosecution for select sections
• Discounted pathways for dormant status or voluntary strike-off

What the Scheme Does Not Do

• It does not override the Companies Act, 2013
• It does not nullify adjudication orders already passed
• It does not cover all forms or all defaults
• It does not sanitise fraudulent or substantive violations

This distinction is critical for responsible professional advice.

Forms Covered Under CCFS-2026

(Only current, operative forms)

The scheme is form-specific, not default-specific.

Compliance Area	Current Form	Section
Annual Return	MGT-7 / MGT-7A	92
Financial Statements	AOC-4 / AOC-4 XBRL / AOC-4 CFS	137
Auditor Appointment	ADT-1	139
Foreign Company Filings	FC-3 / FC-4	381
Dormant Status	MSC-1	455
Voluntary Strike-off	STK-2	248

Key Characteristics
• Any prior year eligible
• No cap on period of delay
• Applicable to resident companies

Fee Structure — The Economic Core of CCFS-2026

Additional Fee Relief

• 90 percent waiver of additional fees
• Only 10 percent of applicable additional fee payable
• Normal filing fees remain unchanged

Practical Impact

For companies with 3–5 years of pending AOC-4 and MGT-7 filings, savings typically range between:

₹1 lakh to ₹5 lakh per company

For MSMEs, this often determines whether compliance revival is viable at all.

Penalty and Prosecution Immunity — Exact Legal Position

Sections 92 and 137

Where MGT-7 / MGT-7A and AOC-4 are filed:
• Before an adjudication order, or
• Within 30 days of notice

→ No penalty proceedings shall be initiated

Other Covered Forms (ADT-1, FC-3, FC-4)

• Immunity applies only where no prosecution or adjudication has commenced
• Existing orders remain enforceable

CCFS-2026 is not a compounding or settlement scheme.

Absolute Exclusions — Areas Where No Relief Exists

Charge-Related Forms (Completely Outside the Scheme)

• CHG-1
• CHG-4
• CHG-9

Charge filings affect creditor rights and operate under strict statutory timelines.

➡ Full fees payable
➡ No waiver or immunity
➡ Errors continue to impair balance-sheet credibility

Other Excluded Filings

• DIR-3 KYC
• DPT-3
• MGT-14
• INC-22 / INC-22A
• Companies with final STK-7 notice
• Amalgamated or dissolved entities
• Vanishing companies
• Companies already declared dormant

Cost Records and Cost Audit Defaults 

CCFS-2026 does not grant direct immunity for defaults relating to:

• Cost records maintenance
• Cost auditor appointment
• Cost audit reporting

These arise under Section 148 and are governed by separate adjudication mechanisms.

Critical Practical Insight

Where AOC-4 filings for the relevant years are pending and are regularised under CCFS-2026:

• Continuing default arguments weaken
• Bona fide corrective intent is demonstrable
• Penalty exposure during adjudication is often materially reduced

The scheme therefore functions as risk mitigation, not absolution, in cost-related matters.

Dormant Status vs Strike-Off — Strategic Deployment

Dormant Status (MSC-1)

Appropriate where:
• Licences, IP or brand value exist
• Revival remains a commercial possibility

Benefit:
• 50 percent of normal fee
• Minimal annual compliance thereafter

Voluntary Strike-off (STK-2)

Appropriate where:
• No assets or liabilities exist
• No future business intent remains

Benefit:
• 25 percent of normal fee
• Permanent compliance closure

A wrong choice here can permanently foreclose future options.

Professional Execution Framework — Best Practice

Step 1 — Compliance Diagnosis

• Review MCA Master Data
• Identify missing AOC-4, MGT-7, ADT-1 years
• Check adjudication and STK status

Step 2 — Document Readiness

• Finalise financial statements
• Regularise auditor position
• Ensure DIN KYC and DSC validity
• Reconcile banking and loan balances

Step 3 — Filing Sequence (Non-Negotiable)

1. AOC-4 / AOC-4 CFS

2. MGT-7 / MGT-7A

3. ADT-1

4. MSC-1 or STK-2, where applicable

Step 4 — Evidence Preservation

• SRNs
• Challans
• Acknowledgements

These are critical for future immunity and defence.

Post-15 July 2026 — The Enforcement Reality

Companies ignoring CCFS-2026 should realistically expect:

• Heightened ROC scrutiny
• STK-7 public strike-off actions
• Prosecutions under Sections 92 and 137
• Director disqualification drives
• Banking, tender and due-diligence failures
• Costly compounding proceedings

There is no credible signal of another broad amnesty.

Final Professional Conclusion

CCFS-2026 is surgical, time-bound and unforgiving of inaction.
It rewards timely correction of annual governance failures, not structural non-compliance.

Those who act:
• Save substantial cost
• Restore MCA credibility
• Reopen commercial and financial channels

Those who do not:
• Face irreversible enforcement
• Lose exit flexibility
• Carry permanent compliance risk

This is a compliance reset window — not a forgiveness charter.