Trade & Taxation Law
The Foreign Direct Investment in Indian business sectors, can easily be made in a variety of ways, through the Governmental and Automatic Routes. However, the Joint Ventures are the most popular and preferred forms of making investment in Indian industry. Our members have diverse experience in business planning and are helping the foreign companies to set their shop all across India. Adequate experience to represent the company with the government and heads of various state office, Foreign Investment Promotion Board, RBI, Income Tax Tribunals, Company Law Board, Ministry of Corporate Affairs etc. has helped the offshore companies a smooth entry into the Indian Subcontinent. Thus we assists the clients to follow up their applications, Bank account opening, appointment of staff members, compliance of statutory obligations, returns filing, repatriation of funds etc.,
- Advisory & procedural assistance on Export Incentives under various schemes such as Advance Authorization, EPCG license, Duty Entitlement Pass Book (DEPB), Duty Free Import Authorization (DFIA), Focus Market and Focus Product scheme, Served From India Scheme.
- Fixation of Norms, DEPB rates, Drawback Rates etc.
- Presentations to and obtaining clarification and clarificatory / exemption notifications from DGFT, CBEC, CBDT, Ministry of Commerce, Ministry of Finance etc. for removal of / reduction in rates of duties, relaxation in trade procedure etc. .
- Replies to SCN for defaults under Foreign Trade Policy and appeal & appearance before DGFT.
We assist and guide our members in establishing their business and industrial projects by suggesting them suitable mode, structure and place for the same on the basis of our research and analysis relating to suitable business environment, state wise industrial policy, incentive available to particular trade, industry, location, production, transportation, marketing & sales costs etc. and tax implication in relation to direct taxes and indirect taxes including customs, excise, services tax etc.
- Advising foreign clients on tax structuring and avoidance of Double Tax Avoidance Agreement (DTAA).
- Cross-Border Debt Recovery cases & proceedings.
- International Due Diligence including business set-up / project viability report and market surveys
- Taxation of Ex-Patriates and Non-Residents Indians.
- Registration and obtaining tax exemptions for not for profit organisations.
- Accounting Advisory and System Development Services including Designing and implementation of accounting system and MIS reports (Designing and Appraisal).
- End-to-end advisory services and planning for Excise, Customs, Service Tax & VAT
- Registrations, Documentation, Statutory Returns, Deposits, Rebate / Refund, Chargeability, Appeals and other related issues
- Duty, Valuation and Classification related matters under Central Excise, Service Tax & Customs laws.
- Fixation of All Industry and Brand Rate of Drawback.
- Reply to Show Cause Notices, preparation & filing of Appeal and representation before Tax authorities including adjudicating officer, appellate authorities, tribunals (CESTAT & ITAT) and other Courts.
- Advising on and preparation of Anti-dumping petitions and representation before Director General of Anti-dumping.
We obtain clearances and regulatory approvals for making investment in India, running business operation, obtaining industrial license, letter of permission for SEZ unit, import of a specific item etc. from various approval authorities of India such as Registration of recruitment agency with Ministry of Indian Overseas affairs for overseas placements, Approvals from Drug Controller General of India, approvals from authorities governing educational matters such as Ministry of Human Resource Development, UGC, AICTE, state education boards etc., Foreign Investment Promotion Board (FIPB), Secretariat of Industrial Assistance (SIA), Reserve Bank of India (RBI), Directorate General of Foreign Trade (DGFT), respective SEZ Development Commissioner and other authorities.
The Government of India is increasing number of SEZs as duty free export enclaves for export promotion and employment generation. Apart from that there are other scheme, which offers tax incentives and work as duty free enclaves. Our firm offers wide range of services to both SEZ developers and the units under various schemes, such as:
- Preparation of concept note & project report for establishment of SEZ’s
- Drafting of application for and obtaining the Letter of permission for units under SEZ, EOU and STPI schemes.
- Execution of Legal Agreement and obtaining Green Card.
- Permission for Private Custom Bonded warehouse and acceptance of Bond.
- Permission for Broad bending, DTA sales, Advance DTA Sales and Sub-contracting etc..
- Preparation and guidance on export and import procedures and systems including records, returns and formats under Excise, Customs, Foreign Trade Policy and Employment & Industrial Laws etc..
- Conversion under EPCG scheme and De-bonding of the unit under Customs and Foreign Trade Policy/ SEZ Act, 2005.
- Litigation before Customs/ Excise authorities, Development Commissioner, Appellate Committee (BOA) etc.
T : +91-11-4604 5777 / 8777 W : www.legale-services.com