Insights - Osgan Consultants

RBI Amends ECB Regulations 2026: Key Changes, Legal Position, and Action Points for Borrowers

1. Context and applicability The Reserve Bank of India has notified the Foreign Exchange Management (Borrowing and Lending) (First Amendment) Regulations, 2026, which substantially revises the regulatory framework governing External Commercial Borrowings in India. The Amendment modifies the Foreign Exchange Management (Borrowing and Lending) Regulations, 2018. The amended framework takes effect from the date of […]

India and the EU conclude a landmark Free Trade Agreement on 27 January 2026

India and the European Union have concluded and signed a landmark Free Trade Agreement (FTA) at the India EU Summit in New Delhi on 27 January 2026, positioning it as one of the largest trade deals by market size and strategic heft. What makes this deal commercially important is its breadth. It combines large-scale tariff […]

Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2026

The Reserve Bank of India has notified the Foreign Exchange Management (Export and Import of Goods and Services) Regulations, 2026, bringing export and import of goods and services under one consolidated FEMA regulation. The Regulations come into force from 01 October 2026 and are issued in supersession of the FEMA Export of Goods and Services […]

India Oman CEPA: A step change in market access for Indian exporters

On 18 December 2025, India and Oman signed the India Oman Comprehensive Economic Partnership Agreement, a wide ranging trade pact covering goods, services, investment and cooperation on key trade frictions. For Indian businesses, the headline is straightforward: Oman has committed zero duty access on 98.08% of its tariff lines, covering 99.38% of India’s exports to […]

Mexico’s New Tariffs on India – Impact Assessment

1. Background and policy context On 11 December 2025, Mexico approved a new tariff regime targeting imports from countries that do not have a free trade agreement with Mexico. This category includes India, China, South Korea, Thailand and Indonesia among others. The stated objectives are to: Although the policy is formally non-discriminatory across all non-FTA […]

Voluntary revision of Bill of Entry or Shipping Bill after Customs clearance, with a new e-process effective 1 November 2025

Executive summary Section 18A creates a formal route for importers and exporters to correct entries in a Bill of Entry, Shipping Bill, Bill of Export, or entries made under section 84, after out-of-charge or Let Export Order. The Central Board of Indirect Taxes and Customs has notified the Customs (Voluntary Revision of Entries Post Clearance) […]

Press Note 3 of 2020 and the FDI Approval Route from Land Bordering Nations: Law, Process, Approvals to Date, and What May Come Next

1. What PN3 did and why it matters On 17 April 2020, India introduced Press Note 3 of 2020. Any FDI by entities from countries sharing a land border with India, or where the beneficial owner of the investment is situated in or is a citizen of such a country, requires prior government approval. The […]

India–EFTA Trade & Economic Partnership: Operational from October 1, 2025

Introduction On 1 October 2025, India’s Trade and Economic Partnership Agreement (TEPA) with the European Free Trade Association (EFTA) comes into force. The EFTA states comprise Switzerland, Norway, Iceland, and Liechtenstein. After nearly 16 years of negotiations, this marks India’s first trade agreement with a European bloc. The pact includes, for the first time in […]

Assessed shipping bills cannot be reopened for valuation in Drawback Recovery Proceedings | CESTAT Ruling

1. Background of the Case M/s Simran Exports, a Delhi-based exporter, had exported garments in 2009 declaring an FOB value of ₹1.06 crore and claimed duty drawback. Later, the Directorate of Revenue Intelligence (DRI) alleged that the goods were grossly over-invoiced to avail ineligible drawback. Based on this allegation, the adjudicating authority ordered confiscation of […]

Supreme Court on Export Duty for SEZ Supplies: Key Takeaways from Union of India v. Adani Power Ltd.

On 28 August 2025, the Supreme Court of India delivered a significant ruling in Union of India v. Adani Power Ltd. (Civil Appeal No. 4489 of 2023 and connected matters), clarifying the levy of export duty on supplies from the Domestic Tariff Area (DTA) to Special Economic Zones (SEZs) Background The appeals arose from judgments […]

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