TAXATION AND REGULATORY SERVICES

In matters of taxation, Juris Axis has one of the leading practices in the country. Our integrated Taxation practice excels in both direct and indirect taxation. We serve a diverse client base, ranging from listed multi-national corporations and domestic conglomerates to investment funds and high net-worth individuals. We regularly advise clients on all tax-related aspects of corporate, commercial and financial transactions and provide stand-alone tax advisory and well-rounded and highly specialised tax representation and tax litigation services at various fora, including obtaining ‘Advance Rulings’ for foreign companies and foreign investors. Our tax advice encompasses tax efficient structures for public and private mergers and acquisitions, spin-offs, reorganisation, entry structures, fund formation, tax efficient capitalisation of subsidiaries, private equity transactions and transfer pricing advisory, in addition to providing tax opinions on corporate taxation, cross-border taxation and on contentious tax matters. Our tax experts also provide solutions in respect of indirect taxation, leading to tax efficient supply chain management and equipment procurement and construction (EPC) contracts. Our advisory services include providing advice on domestic and international trade and regulatory areas such as customs, excise, service tax, value added tax (VAT), special economic zones (SEZs), WTO trade protection measures such as anti-dumping and safeguard duty, import and export control, legal metrology, drugs and cosmetics, export incentive schemes, amongst others. Lauded for their considerable experience, our tax experts represent clients before governmental authorities in respect of delicate, complex and controversial tax issues.

  • Direct Taxation
  • Indirect Taxation
  • Entry Strategy
  • International Taxation
  • Compliance Services

INDIRECT TAX

We are one of the leading taxation law firms in India. We, at Juris Axis, provide assistance and comprehensive advice on Indirect Taxes viz., Customs Duty, Excise Duty, Sales Tax/ Value Added Tax, Entry Tax, Service Tax, Octroi Duty etc. Our tax attorneys and consultants have a great deal of experience in varied range of tax issues, from complicated cross-border transactions to tax exemption qualification.

We represent our clients before Government Taxation Authorities, Appellate Authorities, High Courts, the Supreme Court of India and other Tribunals. We also represent our clients before the Director General of Foreign Trade, Department of Revenue, Central Board of Excise and Customs and other appropriate authorities.

Our law firm’s services include-

  • Assisting multinational clients on Double Taxation Avoidance Treaties (DTAA), tax holidays available to 100% Export Oriented Units, Special Economic Zones (SEZ), and Foreign Trade Zone (FTZ).
  • Assisting clients in matters relating to tax aspects of commercial transactions, sales, mergers and acquisitions, restructuring and reconstruction.
  • Advising on offshore tax issues, Value Added Tax (VAT), service tax,,Customs procedures, import and export levies, valuation planning, classification, warehousing, duty entitlements etc.
  • Assisting clients in a wide range of issues relating to Service tax on cross-border transactions.
  • Assisting clients with documentation relating joint ventures, mergers, asset purchase agreements, shareholders agreements and documents relating to financing and employment.
  • Advising on issues relating to entry tax, excise duty implications and CENVAT
  • Assisting foreign companies seeking to distribute their products in India to ascertain customs, countervailing and other duties applicable on their products.
  • Advise on Transfer Pricing
  • Advise clients Advance Tax Rulings in respect of a Transaction
  • Handling Litigations with regard to excise, customs, service tax, sales tax
    Central Excise and Customs

We provide the following services in the above areas:

  •  Obtaining Set Up Registrations & Approvals
  •  Filing of periodical returns and remittance of tax dues
  •  Minimization of tax exposure, structuring business transactions
  •  Documentation and Assistance in compliance with procedures, availing of tax benefits, etc
  •  Representation and Assistance during Assessments/Reviews by Tax Authorities
  •  Litigation services involving strategy, preparation and filing of appeals and representation before the authorities
  •  Special Valuation Branch (SVB) Registration

Service Tax:

We provide the following services:

  •  Obtaining Set Up Registrations & Approvals
  •  Advisory services on the applicability and impact of service tax on business operations including availability of credits
  •  Structuring of business transactions to maximize tax efficiency
  •  Filing of periodical returns and remittances of taxes
  •  Representation and Assistance during Assessments/Reviews by Tax Authorities
  •  Litigation services involving strategy, preparation and filing of appeals and representation before the authorities
  • Service tax refunds of Corporate and individuals assesses.

Value added Tax and entry tax

We provide the following services:

  •  Obtaining Set Up Registrations & Approvals
  •  Filing of periodical returns and remittance of taxes
  •  Minimization of tax exposure and structuring business transactions
  •  Assistance in Compliance of procedures and availing Tax benefits
  •  Representation and assistance during Assessments/Reviews by Tax Authorities
  •  Litigation services involving strategy, preparation and filing of appeals and representation before the authorities
  •  Advisory services as per the State VAT legislation

Foreign trade policy

We provide the following services:

  •  Availability of benefits under the Foreign Trade Policy and setting up of export units.
  •  Assistance in filing of various claims and reliefs under the policy with the authorities.
  •  Benefits available under the Special Economic Zones Act, 2005 (SEZ) including setting up of SEZs.

Export-Import Policy Compliance

We provide the following services:

  •  Obtaining initial registration such as the Import Export (IE) Code.
  •  Availability of benefits under the EXIM Policy and setting up of export units.
  •  Compliance procedures with regulations under the policy, maintenance and updating of records.
  •  Assistance in filing of various claims and relief’s under the policy with the authorities.
  •  Advance licence assistance, records and certifications.
  •  Assistance in EPCG licenses, all related documents and certifications.

DIRECT TAX

Our law firm’s direct tax practice includes assisting companies in planning and optimizing their fiscal obligations, while complying with relevant domestic and foreign regulations. We advise our clients on the regulatory compliances and coming to terms with frequent changes in tax regulations.

Under Direct Taxation we provide tax consultancy services in the following areas:

  • Direct Tax Services –A
  • Fringe Benefit Tax – B
  • Double Taxation Avoidance Agreements – C
  • International Taxation – D
  • Tax Consultancy Services for Corporate Clients – E
  • Direct Tax Services –A

With complete functional know how of ERP (SAP/ CODA/ Oracle etc), undertake Direct Tax services for Corporate clients. Our tax services for corporate clients include:

  •  Day-to-day tax matters that include replying to various tax notices and providing necessary tax support on regular tax matters.
  •  Management of tax records and reports in both Soft and Hard files including documentation as per SOX.
  •  Tax compliance that includes advance Income tax calculation and deposit, TDS compliance and filing of returns.
  • Compilation of tax details for audit and support to the auditors.
  •  We provide all important information to statutory auditors or Management auditors in relation to tax matters.
  •  We support in the compilation of Transfer pricing documentation and certification.
  •  We also guide in the compilation of corporate tax returns such as Income tax, wealth tax and also it’s e-Filing with the tax authorities.
  •  We provide support in the areas of PAN, TAN and online tax credits view also.
  •  We provide tax reporting on defined frequencies such as monthly, quarterly, annually to Parent Company according to their formats.
  •  Compilation of Various details for Tax Assessment purposes such as Scrutiny and Appellate level for Income tax and Transfer pricing

Personal (Individual) Taxation Consultancy Services

We offer personal taxation consultancy services like personal tax planning, personal tax consultancy services, tax compliance and advisory services that cover the following:

  •  Personal Tax Consulting.
  •  Personal Tax Services Compliances that includes compiling and filing of Tax returns.
  •  We provide review and assistance in advance tax computations.
  •  Representation before the Tax authorities related to tax assessments, refunds or other matters.
  •  We guide in getting various tax registrations that includes Permanent Account Number (PAN).
  •  Management of tax records in Soft and Hard forms.
  •  Advisory on tax issues like capital gains/ loans/ tax Investments etc.

Tax Compliances

We undertake Regulatory compliances such as statutory returns and documents preparations, compilations and e-filings with the revenue authorities that include the following:

  •  Tax Audits as per the provisions of the Indian Income tax Laws.
  •  We help in the preparation and review of corporate tax returns to ensure the compliances with the Income Tax Act, 1961 and the various judicial pronouncements.
  •  We guide for the preparation and review of the withholding tax (TDS) returns as per the provisions of the Income Tax Act, 1961.
  •  Seeking Advance Rulings.

Tax Representations

We undertake tax representations before the Revenue authorities for Tax Assessments of Income tax and transfer pricing cases and any other such tax matters.

Foreign Remittance Certifications

We also undertake consultancy and certification services required for making foreign remittances according to the provisions of Section 195 of the Income-tax Act, 1961 or as per Double Taxation Avoidance agreements (DTAA) as per the guidelines of Reserve Bank of India (RBI). The services of this category broadly include:

  •  We offer expert suggestions on the applicability of withholding tax (TDS) on various foreign remittances as per Indian Income tax Act / DTAA.
  • We guide in matters of issuing Foreign Remittance Certificates under the various provisions of the Incometax Act, 1961.
  • We assist in the Royalty and Technical know-how issues as per Reserve Bank of India (RBI) guidelines /norms and withholding the tax certification on such remittances.
  • We help in seeking of certificates from the International taxation department for non/lower deduction of tax at source (TDS).
  • Representations before International taxation authorities regarding matters arising out of withholding tax on foreign remittances.

 We also help in other documentation and remittance support and dealing with authorized dealers regarding foreign remittances.

Entry Strategies for Foreign Investors

A foreign company can commence operations in India through a wholly owned subsidiary, joint venture, liaison office, project office or a branch office
As an Indian Company

Foreign equity in Indian companies can be up to 100% depending on the requirements of the investor and subject to equity caps in respect to the area of activities under the Foreign Direct Investment (FDI) policy. Its also is subject to laws and regulations as applicable to other domestic Indian companies.

1. Joint Venture:

Foreign companies can set up their operations in India by forming strategic alliances with Indian partners. Setting up of operations through a Joint Venture may provide the following advantages to a foreign investor:

Foreign investments are approved through two routes as under:

1.1 Automatic Route:

Approvals for foreign equity up to 50 percent, 51 percent and 74 percent are given on an automatic basis, subject to fulfillment of prescribed parameters in certain industries as specified by the Government. RBI accords automatic approval to all such cases.

1.2 Government Approval:

Approval from Foreign Investment Promotion Board (FIPB) are required in all other cases.

2. Wholly Owned Subsidiary:

The foreign investors have the option of setting up a wholly owned subsidiary, wherein the foreign company owns 100 percent of the Indian company. All such cases are subject to prior approval from the Foreign Investment Promotion Board (FIPB). Some of the criteria for setting up wholly owned subsidiary are as follows:

  •  Only a “holding” operation is involved and all subsequent / downstream investments need prior approval of the Government.
  •  Where proprietary technology needs to be protected or sophisticated technology is to be introduced.
  •  At least 50 percent of the production is to be exported.
  •  Proposals for consultancy.
  •  Proposals for infrastructure like roads, industrial model towns, industrial parks etc.