TAXATION

DRSB Law chambers has a profound experience and expertise in Direct & International Taxation.

Dr. Shashwat Bajpai himself has specialized in Corporate & Business Taxation from the University of Oxford (while pursuing his Masters’ degree) and holds a Ph.D. degree in Transfer Pricing and International Taxation. We at the Chambers provide a comprehensive solution based advice and offer at the same time contemporary tax solutions to our domestic and foreign clients carrying on business in varied Sectors.

DIRECT TAXATION

  • Regularly, draft and argue Special Leave Petitions (SLPs), Writ Petitions and Income Tax Appeals before the Supreme Court, Delhi High Court and other High courts across India as well as the Income Tax Appellate Tribunal (ITAT).
  • Cases relating to dis-allowance of expenditure (Capital and revenue disputes, interest expendiure, et al.).
  • Representations in matters relating to exemptions on educational & charitable institutions.
  • Assessments (S. 143(3)) & Reassessments (S. 147).
  • Regularly, draft and argue cases relating to Direct Taxation qua Search & Seizures (S. 153A, S. 153C), unexplained cash deposits (S. 68), penalty u/s 271, 220(1) & 221, 80IA, 80IC, 80HHC exemptions, etc al., of the Income Tax Act.
  • Represented clients on waiver of Interest Applications u/s 234A, 234B & 234C, 119, before the Central Board of Direct Taxes, Ministry of Finance, Department of Revenue, North Block Rastrapathi Bhavan.
  • Opinions drafted on Indirect Taxation relating to Service Tax, Works Contracts, & Composite Works Contracts.
  • Assisted in the case of G.D. Builders v. UOI, challenging Parliament’s power to impose service tax on material/goods used in the execution of works/composite contract.
  • Represented MGF Ltd. in a batch of matters before the Delhi High Court & the Delhi ITAT regarding hire-purchase and Lease transactions.
  • Appearing before the Supreme Court, in the challenge to the Constitutionality of S. 14A, read with Rule 8D before Bombay High Court & Supreme Court (Godrej Boyce Vs. ACIT)
  • Appearing before a 3-judge bench on issue relating to interest deduction from borrowing to sister companies in ACIT Vs. Tulip Star Hotel Ltd, before the Supreme Court.
  • Disputes relating to Sec 10A Exemption On Profits, especially for Phoenix Lamps India Pvt Ltd before the Delhi ITAT & the Allahabad High Court)
  • Dr. Shashwat Bajpai, argued and successfully argued the landmark batch of matters before the Delhi High Court (CIT Vs. Surya Vinayak Industries/ JH Finvest Pvt Ltd) on the restraint orders u/s 132(3) read with Section 153B (on Limitation) during the course of search & seizure proceedings.
  • Handling the RNB University Writs before the Delhi High Court.

TRANSFER PRICING & INTERNATIONAL TAXATION

  • All Direct, Corporate & International Taxation issues relating to export undertakings – Transfer Pricing adjustments, Exemptions, depreciation claims, setting up of a new unit, expansion of the new unit, etc.
  • Dealing with a plethora of cross border taxation issues, relating to International Taxation & Double Tax Avoidance Treaties (DTAAs) including advisory on withholding tax, capital gains tax, structuring of inbound and outbound investments to optimize tax incidence, issues arising from the sale of shares and assets, etc.
  • Advising corporate clients and facilitating agreements between the Revenue Department and the Assessee (resident or non-resident) in connection with Advanced Pricing arrangements (APAs) as well as Mutual Agreement Procedures (MAPs).
  • Advising and assisting in the formation of structuring agreements for Group companies having Indian parent and/or subsidiaries taking note of the applicable transfer pricing regulations and the DTAAs provisions.
  • Advising clients with the optimum investment model foreseeing the most beneficial tax structure while addressing regulatory concerns/requirements.
  • Draft and argue cases relating to these issues, before the Supreme Court, Delhi High Court and other High courts across India as well as the Dispute Resolution Panels (DRP), Authority for Advance Rulings (AAR) and the Income Tax Appellate Tribunal (ITAT).
  • Draft Opinions for corporate clients on issues of International Taxation relating to source-residence taxation & DTAAs.
  • Regularly argue cases in the said fora on the issues relating to AMP (Advertisement, Marketing & promotion) expenses, Royalty and Fee for technical services (FTS), intangible assets, etc.
  • Representing Cengage Learning India in their transfer pricing cases before the Delhi ITAT involving AMP Expenses  and comparables issues.
  • Represented Dabur Pharma Ltd. before the Hon’ble Delhi High Court in a Transfer Pricing case regarding benchmarking and ALP determination of the international transaction of interest expenses.
  • Handling the entire Transfer Pricing advisory, transactional & dispute litigation of Phoenix Lamps at the Delhi ITAT & High Court; including issue/s in relation to the incorrect benchmarking of the corporate guarantee and Stand By Letter of Credit (SBLC) international transactions.
  • Represented the Pharmaceutical Co., Mosaic India Pvt. Ltd. in their direct tax litigation matters.
  • Other various confidential transfer pricing and International taxation representations – advisory & dispute resolution – for the said clients.