The 49th GST council meeting held in February 2023 under the chairpersonship of the Union Finance Minister had many items on its agenda which among others also included some important changes in the GST rates and...
Tax
INDUSLAW’s
Direct Tax practice offers
tax services across various disciplines helping its clients navigate through
complexities in an ever-changing tax environment. Our competencies include the
following –
1.
TRANSACTION TAX
SERVICES
Our team of professionals have many years
of experience advising clients on a variety of complex tax and regulatory
issues / aspects of mergers, acquisitions joint ventures, equity investments,
or divestitures including assisting clients end-to-end on:
- Transaction structuring;
- Deal negotiation support;
- Capital structuring; and
- Execution support.
2.
TAX CONTROVERSY AND
DISPUTE RESOLUTION
Our Direct Tax practice group has
significant experience in advising / representing clients on managing
controversy in complex domestic and international tax matters across Indian
appellate fora, developing litigation strategy, assistance in filing appeals,
Writs, Special Leave Petitions before various courts in India, appearing before
tax appellate fora and Authority for Advance Rulings, briefing Senior Counsels
on representation before High Court / Supreme Court on matters pending dispute
resolutions and providing opinions / memos.
The team has handled matters such as
allegations of tax avoidance, liquidation / post liquidation tax issues,
domestic corporate re-organisations involving merger / de-merger/slump sale,
tax treatments on complex leasing transactions, cash credits, deductibility of
corporate social responsibility expenditure, challenging reassessments
(including filing writ petitions) and expediting cash tax refunds, denial of
benefit under DTAAs, taxability of cross
border corporate re-organisations involving buy-backs / indirect transfer /
direct transfer / gift of shares, taxability of cross border of services,
payment for software acquisitions / royalties and allegations on permanent
establishment, including representation before the Authority for Advance
Rulings.
3.
CORPORATE INSOLVENCY
Our team advises clients
on tax aspects of restructuring for protecting against insolvency
proceedings and assisting clients in
managing tax implications of going through a resolution process under the IBC owing to items such as conversion
of debt into equity / quasi-equity, distressed sale of undertakings, debt
waiver, interest waiver or issue of shares at a premium / discount.
4.
TAX & REGULATORY
POLICY SUPPORT
Partners in the Firm have represented
businesses / industry coalitions before various regulators and policy makers
including the Department for Promotion of Industry and Internal Trade, Reserve
Bank of India and Central Board of Direct Taxes (the apex direct tax
administration body of India) on a variety of issues such as permissibility of
FDI in real estate broking services, representations of interest limitation
provisions, withholding tax matters, loss carry forward for a specific
industry, etc.
5.
TAX ADVISORY &
PLANNING – DOMESTIC & INTERNATIONAL TAX
Our Direct Tax practice
group has extensive experience in advising clients in domestic, international
and cross border tax matters. We assist clients in identifying and implementing
tax planning / optimisation strategies, advising them on the impact of general
anti-avoidance rules (GAAR) on a transaction / structure,eligibility to claim
the relevant tax treaty benefitsincluding considering impact of principal purpose test and/or the limitation on benefit provisions,
place of effective management,etc.
6.
SUCCESSION PLANNING /
PRIVATE CLIENT
Our team assists families in designing and
setting-up an ownership structure that facilitates efficient inheritance of
wealth including assists in identifying alternate holding structures for the
family (such as holding companies, LLP, Trust etc.) for wealth maximization and
protection. Our team has the experience in advising families, from a tax &
regulatory perspective, on asset distribution, family settlements and matters
of formation, investment & divestment by family offices.
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