The appellate hierarchy in India consists of first appellate authority, Appellate Tribunal, High Courts and the Supreme Court. Our broad range of services comprise the following:
For appeals before first appellate authority and Appellate Tribunal:
- Assisting in filing appeals before the aforesaid appellate authorities and complying with appellate requirements and procedures
- Assisting in determining the appeal strategy and approach and preparing of tax submissions
- In-house service of a dedicated and specialist team with experience in representation before appellate authorities
- Advising on the course of action to be adopted before revenue authorities to mitigate the risk of penal consequences
- Reviewing pending litigation and other uncertain tax positions, to comment on adequacy of defence, probability of success and prevention of recurrence
For appeals/petitions before High Courts and the Supreme Court:
- Assisting in relation to the above areas in coordination with external legal counsel authorised to represent clients before High Courts and the Supreme Court
- Assisting external legal counsel in preparing or representing for appeals, writ petitions and special leave petitions.
Authority for Advance Rulings
The Authority for Advance Rulings (AAR) is an independent adjudicatory body which makes it possible for direct as well as indirect tax assesses (including those covered under the current GST Act) to ascertain the tax liability in advance and thus avoid prolonged litigation.
Our services encompass providing strategic guidance before making an application before the AAR, preparing/ reviewing the advance ruling application and representing the client before the AAR.
Mutual Agreement Procedure
MAP is a procedure which allows the Competent Authorities or designated representatives of the Competent Authorities from the governments of the Contracting States/Parties to interact with the intent to resolve international tax disputes concerning juridical double taxation cases, as well as inconsistencies in the interpretation or application of tax treaties.
We help our clients in preparation of MAP application and filing the same with the competent authority. We also assist our clients by providing them our tax inputs prior to and during the course of the proceedings including any information/ submission that may be required to be made to the competent authority. We also assist our clients in analyzing the resolution and assisting them in taking decision as to whether to accept or deny the resolution.
Income-tax Settlement Commission
Income-tax Settlement Commission (ITSC) is a quasi-judicial body which provides a one-time opportunity for settlement of taxes to evaders or unintending defaulters and thereby, helps avoid endless litigation.
We provide assistance to our clients in drafting the application and presenting it before the ITSC. We also provide representation services before the ITSC at all stages consisting of the admission, validation and final hearing stage and also including preparation of replies and rejoinders to be filed before the revenue authorities.
National Company Law Tribunal and National Company Law Appellate Tribunal
The National Company Law Tribunal (NCLT) and the National Company Law Appellate Tribunal (NCLAT) are quasi-judicial bodies in India that adjudicate issues relating to companies in India. Our basket of services in the realm of company law comprises of:
- Collation of requisite information, documents relevant for any application
- Review of petitions to be filed with the NCLT seeking sanction to the Scheme and other scheme related documents
- Assistance in filing of documents with the relevant Regional Director(s), Official Liquidator (OL), Income Tax authorities and Registrar of Companies (RoC) seeking their approval to the Scheme and follow-up for their approval to the Scheme
- Assistance in filing of appeals and representation before the NCLAT
Procedure under the General Anti Avoidance Rules
The provisions of GAAR shall be effective from assessment year 2018-19 onwards, i.e. financial year 2017-18 onwards. The provisions, amongst others, provide that, the proposal to apply GAAR will be vetted first by the Principal Commissioner of Income Tax/ Commissioner of Income Tax and at the second stage by an Approving Panel headed by a judge of High Court. Such directions are final and binding on the taxpayer and are not appealable before any Court and accordingly, it is extremely important that the taxpayer is represented proficiently before the tax authorities.
Our tax litigation team also provides assistance in preparation of objections to be filed and representation before the revenue authorities under such GAAR proceedings.