Foreign Direct Investment

We extensively advise our foreign clients on structuring their investments into India which includes jurisdictional analysis for exit taxes, tax effective profit repatriation strategies, form of organisation in India, management of permanent establishment exposure, secondment of employees, transfer pricing advisory and supply chain management.

Transfer Pricing Advisory

Our transfer pricing practice focusses on niche legal advisory relating to transfer pricing planning and controversy. We also advise clients on advance pricing agreements and competent authority matters, and managing and resolving disputes from global, regional and bilateral business transactions.

Indirect Tax

Our Indirect tax team includes people from varied background, also including prior stints at the big firms, encompassing experience in addressing a broad spectrum of complex matters. At Shardul Amarchand Mangaldas & Co, we focus on matters pertaining to transaction advisory, tax modelling, advising on tax efficient supply chain model and feasibility analysis of business transactions, carrying out tax optimisation studies with the help of simulations, advise on tax benefits and exemptions available to businesses and applicability of trade control laws.

Goods and Services Tax

India moved to Goods and Service tax (GST) regime on 01 July 2017. Shardul Amarchand Mangaldas & Co has provided legal solutions to various companies in navigating through the complex law and assisted them in transitioning smoothly to the GST regime. Shardul Amarchand Mangaldas & Co is considered as a ‘go-to’ law firm for advice and assistance on various interpretative issues under GST. Our indirect tax team is consulted frequently by some of the biggest multi-nationals and domestic companies on varied issues pertaining to GST. The Firm specialises in tax modelling (including tax modelling of green field and brown field ventures); undertaking supply chain analysis and restructuring; carrying out tax optimization studies, advise on tax benefits and exemptions available to businesses and commercial agreements.

Incentive advisory

With the ‘Make-in-India’ campaign being a focus, many state governments in India are offering various incentives in order to attract investments in the state. Incentives can be fiscal as well as non-fiscal. Further, in case of large investments, the state governments are often flexible in the quantum of incentives that may be offered. Shardul Amarchand Mangaldas & Co advises multinational companies in seeking incentives and negotiating packages of incentives under state industrial policies, while assisting them in obtaining the incentives from various departments of the state government. The indirect tax team has successfully represented clients in negotiations pertaining to revised package of incentives from state governments.

Customs and Foreign Trade Policy

India has seen a manifold increase in cross-border transactions over the past two decades. With the objective of reducing imports and increasing exports, the government has increased scrutiny on importers and at the same time granting incentives to exporters. However, with the increase in cross-border trade and dynamic product portfolio of companies, the importance of having a robust import-export procedure has become of paramount importance for companies. In India, cross-border trade involves dealing with Customs, the Border Control Authority and understanding the trade policy measures adopted by the Government for export and import of goods. For businesses setting up in India, it is extremely crucial to have a good understanding of the Customs regulations and India’s Foreign Trade Policy. Given that basic customs duty is a cost for businesses, navigating the complex customs legislations will not only help in mitigating risks but will also augment cost savings.

At Shardul Amarchand Mangaldas & Co, we regularly assist businesses in reducing customs costs and at the same time, manage import and export risks, while establishing transparency in their cross-border transactions. Our services include assisting clients in classification and valuation of goods, assisting in formulating a Customs efficient supply chain model by exploring options of importing goods from countries where India has a preferential/ free trade agreements, assisting companies in proceedings before the Special Valuation Branch of Customs, assisting companies in obtaining status of Authorised Economic Operator (AEO), assisting companies with obtaining export related benefits under the Foreign Trade Policy of India such as Advance Authorisation, Export Promotion Capital Goods Scheme, Deemed Export Benefits, to name a few. We also regularly advise clients on issues such as SCOMET, SEZ and STPI and in obtaining such licenses.

State Excise laws

The Firm has a robust state excise laws practice and routinely advises multinational companies dealing in liquor, tobacco, oil and gas on a multitude of tax related issues.

Tax Litigation Services

Our tax practice’s direct and indirect tax specialists are considerably experienced in handling complex tax litigation matters. Apart from strategic insights, we advise on all aspects of tax litigation including drafting, filing and prosecution of appeals at all the appellate levels which include

• Formulating litigation strategy
• Drafting replies to show cause notices, appeals, writ petitions, revision petitions, etc.
• Representation before all judicial fora including Commissioners, Authority for Advance Ruling, Tax Appellate Tribunals, Settlement Commission, High Court and Supreme Court

Compliance Consulting

Multiple layers of taxation and different compliance standards make it imperative to seek reliable legal advice while doing business in India. We provide solutions to our clients in relation to various direct and indirect tax compliances which include

• Drafting and filing applications and obtaining all tax registrations
• Reviewing of periodical returns, applications etc.
• Reviewing of accounting positions
• Due diligence and health-check services
• Assisting in STPI/SEZ matters including obtaining approvals under STPI/SEZ scheme

Investigation Support

With various tax investigating agencies such as Directorate of Revenue Intelligence (DRI), Directorate General of Central Excise Investigation, Directorate of Income Tax (Investigation) and special VAT Evasion Units being increasingly involved in investigation, it is important that the effective representation is made before such authorities at the investigation stage itself. We bring in a solution oriented approach on such investigations which include

• Strategising investigation proceedings inter-alia including search & seizure proceedings, survey proceedings, dawn raid proceedings etc.
• Reviewing summons, letters and notices received from investigating authorities and advising the way forward
• Reviewing disputed transactions and assistance in identifying the risk exposure
• Representation before investigation authorities

Tax Policy & Advocacy

Our tax policy and advocacy team continually monitor and advocate on legislative, regulatory and administrative tax matters on behalf of our clients. We continue to assist government entities in policy-making and provide comments and opinions on new regulations, treaties and transfer pricing rules. Our tax practitioners help clients anticipate and adapt to tax policy changes to provide clarity on legislative, administrative and treaty developments.

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