TAX DISPUTES AND INVESTIGATIONS

TAX DISPUTES AND INVESTIGATIONS

We act for and defend businesses and individuals of all shapes and sizes caught up in a wide range of domestic and international tax disputes and interactions with other tax authorities. An area of core expertise involves Direct Tax disputes, GST disputes, Investigations, and recovery of input tax, Customs. Our job is to challenge the Department when they seek to act, as they sometimes do, outside of their powers. Clients are drawn from almost every sector as no one is immune from the Department and taxes. We can step in at any stage from the initial enquiry letter issued by Department through to tax litigation and settlement with the Department. Many of our cases do settle which is almost invariably good news for any taxpayer. We offer the practical and legal skills needed to defend against the actions of the Department. Accountants find it helpful to entrust a case such as a Income tax and GST disputes to us, knowing that we evaluate the evidence from a legal standpoint and reach an early assessment as to the merits while being able to defend the proceedings robustly before the Tax Tribunal/ Department. We can guide you through the entire process, analysing where the concerned Department has misapplied the law and leveraging upwards from that point. We have many years’ of experience in resisting demands for taxes and penalties on behalf of businesses. The Departments have internal targets to meet for the amount of taxes, penalties, and interest that they recover. If the investigation is not handled properly, this could result in serious financial disadvantage, even bankruptcy, to you and your business.

Customs:

The law surrounding the customs duty payable on goods imported, modified and developed, and then sold is complex and different rates of assessment apply. Disputes arise which can impact the profits available on the goods. Another area of the dispute arises on the tariffs due on imports, particularly high-value goods. A practical working knowledge of the import and export customs regime, combined with knowledge of the latest practices, can put you at a substantial advantage. Even more it is stealth advantage to the corporate when it has the right guidance to chose the right incentive scheme under the Customs law, which support we do. We are experienced in bringing a successful appeal on behalf of businesses whose applications for licenses to import have been declined. We offer commercial advice across the full spectrum of domestic and international tax matters. The depth and breadth of our knowledge ensure that we are able to provide complete support to our clients and deliver high-quality, practical tax solutions in the increasingly complex area of tax legislation and practice.   Our Clientele range from global businesses to small enterprises that have come to trust and rely on the expertise of our team of dedicated lawyers based across our network of offices. To ensure our clients are on top of the risks and opportunities arising from the changes in law, we track and anticipate the latest legislative proposals in India and foreign jurisdictions that could be important to their business.

Corporate, M&A & Joint Ventures Tax
Our tax lawyers have advised on some of the most complex M&A and corporate finance transactions including:
  • Mergers and Acquisitions
  • Investment from Asia, Europe, US & Middle East
  • Joint Ventures
  • Partnership
  • Management buy-outs and buy-ins
  • Cross-border Transactions
  • Corporate Restructuring
  • Demergers
  • IPOs
Goods & Service Tax

Tax structuring & optimization including advice and assistance in relation to all kinds of issues, having implications under GST, Preparing and filing GST returns, due diligence, and sector-specific structuring.

Transfer pricing tax

We assist our clients with developing transfer pricing policies and advise on the implications of complex cross-border transactions, including inter-company transfer pricing policies for tangible goods, intangibles and services. We also help with General Anti Avoidance Rules (GAAR), Place of Effective Management (POEM), the interplay of tax treaties, and taxation aspects relating to online marketplaces and digital transactions.

Tax Litigation

Our Tax Disputes team is among the well experienced in the country and is strategically well-placed to provide holistic and practical advice on any tax-related disputes, compliance, and controversies.

We particularly cover the following areas:
  • Representing before all tax authorities, forums, courts, specialist tax tribunals, the High Court, and the Supreme Court of India
  • Corporation Tax and GST disputes.
  • Negotiation and drafting of settlements with tax authorities
  • Advising clients on preliminary tax assessment and investigations
  • Cross-border issues including permanent establishments, employment
  • Advising on the negotiation of tax treaties or bilateral/multilateral trade agreements with a significant tax component, and tax treaty disputes