India has a multi tier tax system comprised of direct and indirect taxes, levied by central and state Governments. India has entered into double taxation avoidance agreements with approximately 77 countries around the world, including all major countries that may have trade interests with India. The advantages of investment in India can be maximized, or lost depending on the way the investment is structured, and business operations are planned.

Members of the Firm have over the years helped numerous clients in realizing the true potential of their investments, avoiding over or under compliance. We regularly advise on:

  • Investments in India, direct and indirect taxation issues and comparative analysis of setting up the Indian subsidiary through tax efficient structures.
  • Service Tax, Customs and Excise duty, Income Tax, Sales Tax and Works Contract Tax.
  • Service Tax on diverse services and on payments made to the outsourcing units, and applicability on cross border transactions, exemption of Service Tax on export of services and re-structuring of the services agreements.
  • Excise and Customs duties applicable to assembly/manufacture from SKD products, structuring for continued abatements/tax credits pursuant to change in operations/activity, claim of refunds and conditions therefor, duty draw backs.
  • Applicability of withholding tax liability on equipment leases and capacities.
  • Assessments, proceedings and challenges to adverse orders of the tax departments.
  • International taxation issues, transfer pricing, tax incentives in India to export oriented units, double taxation avoidance treaties, offshore investment vehicles, permanent establishment and withholding tax implications. and
  • Tax implications on restructuring of agreements and external commercial borrowings.

Notable Representations

  • Vision, Cyprus on taxability of online sales of food supplements and cosmetics.
  • Numerous retailers on service tax on commercial rentals.
  • IDEXX, USA concerning tax obligations of a liaison office.
  • Dawson Design, USA concerning withholding tax and DTAA.