Indirect Tax

Representative Matters

• Advising clients on matters pertaining to Foreign Exchange Management Act, 1999 (FEMA) including representing many of such clients before the Enforcement Directorate.
• Advising domestic and overseas clients regarding indirect tax and trade related laws and regulations, and assisting clients in compliance matters on highly selective value-added basis.
• Advising regarding structuring of transactions so as to optimise tax efficiency and mitigate risk.
• Assisting clients in preparing refund / rebate applications under relevant legislations and following up till the Appellate Stage.
• Conducting legal review of the business of clients with a view to evaluate the level of compliance with indirect tax regulatory laws, and to afford practical advice regarding optimising the incidence and burden of indirect taxes.
• Drafting and reviewing agreements and transaction documents in respect of domestic and international transactions, from the indirect tax perspective.
• Evaluating indirect tax exposure in respect of both central and local levies, and providing comprehensive advisory services pertaining to all indirect tax issues.
• Guiding clients in respect of availing of export incentives like refunds/rebates/drawback/duty credit, and offering advice regarding export schemes such as SEZ, STPI, EOU, EPZ.
• Rendering advice on indirect tax implications of domestic as well as cross border transactions, including imports and exports of goods and services.
• Representing clients before tax authorities at the policy-making level as well as the field-level administration.
• Representing clients before the Enforcement Directorate on matters falling under the scrutiny of The Prevention of Money Laundering Act, 2002 (PMLA).
• Representing Indian user-importers, overseas exporters and domestic industry in Anti-Dumping and Safeguard Duty Matters.
• Undertaking consultancy and research studies for the Government of India and other clients regarding international trade issues, including WTO and TRIPS.
• The Indirect Tax team has wide experience of advisory in the area of Service Tax, and has advised / is advising clients in diverse fields, including infrastructure, real estate, hospitality, Information Technology, media and entertainment, advertising, retail trade, management consultancy, education, automobile, auto-ancillaries, airlines and shipping industries.
• The Indirect Tax team is advising several IT majors operating under the 100% EOU scheme and the STPI scheme in relation to their obligations and benefits under the schemes of the Ministry of Commerce. The team has also advised such companies in preparing cases for refund / rebate where the services are being exported; many of which have either been confirmed or are pending at the Appellate Stage.
• The Indirect Tax team is advising several multi-national companies engaged in oil exploration and drilling operations at on-shore as well as off-shore locations with regard to Service Tax implications of their operations including classification of services under the Service Tax legislation. The Indirect Tax team has also advised the on-shore operators on matters related to VAT / CST.
• Advised a domestic entertainment company in preparing and filing Revision Application before the Central Government to allow Customs Duty Drawback as per the relevant provisions of the Customs Act and the Rules made thereunder.
• Advised a German apparel manufacturer to structure its transactions with an Indian associate to optimize Customs duties and VAT exposures.
• Advised a large multi-national bank in respect of Customs duties, including valuation, of certain items imported by them into India.
• Advised a major international fashion apparel company on Excise matters.
• Advised a major manufacturer of mobile handsets in respect of valuation of their imports into India from the Customs point of view as the transactions involve transfer pricing between related persons.
• Advised a major media company in India on classification of services (under the Service Tax legislation) especially on account of transfer of Intellectual Property pursuant to a Scheme of Demerger.
• Successfully represented Colt Technology Services India Private Limited before the Income Tax Appellate Tribunal involving issues of transfer pricing adjustments in case of settlement under mutual agreement procedure and advance pricing agreement, transfer pricing adjustments on purchase of fixed assets and applicability of interest in case of revised income offered under advance pricing agreement.
• Advised major offshore pipelay and subsea construction companies in the world on Service Tax implications and subsequently representing them before the concerned Department of the Central Government on issues raised by the latter with respect to classification of taxable services.
• Represented Tripmoney Fintech Solutions Private Limited, the fintech arm of Make My Trip, before Income Tax Appellate Tribunal involving issues of transfer pricing adjustments in case of settlement under mutual agreement procedure and advance pricing agreement, transfer pricing adjustments on purchase of fixed assets and applicability of interest in case of revised income offered under advance pricing agreement.
• Advised a major pharmaceutical company in its proposal to introduce a new line of business into India by way of setting up manufacturing units in India.
• Advised a manufacturer of bio-diesel located in an SEZ on issues concerning the SEZ Act and Rules.
• Advised a multinational steel major on issues related to their imports into India, including advice on matters related to Customs duties, Exchange Control Regulations and Foreign Trade Policy.
• Advised an American manufacturer of aircraft and defence related equipment on indirect taxation aspects relevant to client’s operations in India.
• Advised an American multi-national which is setting up a manufacturing facility in an SEZ in India. The venture involves a proposed investment of USD 1 Billion.
• Advised an Australian logistics provider on the indirect tax implications of their proposed venture in India. The advice, inter alia, encompassed issues related to Customs duties, CENVAT and VAT/CST.
• Advised an Indian Company intending to operate online game portal on classification of services.
• Advised an Indian Multi-brand Automobile Sales and Service Network Company on Indirect Tax implications on various business transactions including advisory on Customs, Central Excise, impact of Standard of Weights and Measurements Act and rules made there under, VAT / CST and Service Tax.
• Advised an U.S. exporter on customs and foreign trade policy matters in respect of their proposed exports of second hand/refurbished computer parts to India.
• Assisted and advised a domestic cable service provider providing cable services through the franchises route in addressing issues pertaining to Entertainment Tax before the concerned departments.
• Assisted and advised a major International offshore drilling Company (Oil and Gas) in addressing issues pertaining to classification of taxable services raised by the concerned Department of the Central Government and providing related litigation support before various appellate stages.
• Advised Indian arm of a leading global luxury brand on valuation aspects; both, from the Customs and Central Excise perspective.
• Advised one of the world’s largest manufacturers of alcoholic beverages in relation to valuation of their imports into India from the Customs perspective.
• Advising a leading manufacturer of integrated power systems for use on land, sea and air in matters pertaining to its India operations from an indirect tax perspective and providing litigation support at various appellate stages.
• Advising a world leader in advanced materials technology on various indirect tax implications on its proposed transactions in India and assisting the company in representing matters before various appellate authorities on issues pertaining to Service Tax.
• Assisting and advising a Chinese Auto Industry Client in setting up of its manufacturing facilities in India and obtaining necessary approvals and registrations.
• Advising the Indian subsidiary of a major American Educational Institution on indirect tax aspects on account of proposed transactions for providing infrastructure support and knowledge-ware.
• Assisted an American direct selling giant on the appropriate structure for entry into the Indian FMCG market and subsequently assisted the Joint Venture formed in obtaining appropriate registrations under various Indirect Tax legislations and represented them before the Government.
• Provided health-check services to a pharmaceutical company which enabled the company to identify the potential areas for improvement of internal systems and processes with respect to tax compliances.
• Representing a major steel producer before the Enforcement Directorate on a matter pertaining to Foreign Exchange Regulations.
• Representing a multinational bank before the Enforcement Directorate on matter pertaining to issuance of external commercial borrowings (ECBs).
• Representing world’s largest restaurant company before the Enforcement Directorate in relation to activities carried out by the restaurant company in India.
• Successfully represented a major Life Insurance company before the Tribunal in its pending litigation matters pertaining to Service Tax involving a total liability in excess of INR 1 Billion which was reduced to NIL. Also assisted the company in a couple of other litigations dealing with similar issues wherein substantial relief was obtained from the relevant authorities.
• Successfully representing one of India’s largest chemical manufacturers before the Directorate General of Foreign Trade on issues pertaining non-fulfilment of license conditions under the Foreign Trade Policy bringing the demand from INR 12.3 Crore to NIL.
• Undertaken Tax Diligence in the integration process of the business of two major pharmaceutical companies.
• Assisted numerous companies in obtaining fresh registrations or making amendments to existing registrations under various indirect tax legislations.
• Advised a large pharmaceutical company on the tax implications related to their acquisition of an Indian manufacturing facility.