Tuesday, 19 September 2017

HC : Reiterates statutory-mechanism; Releasing detained goods on 50% demand discharge &

HC sets aside Single Judge Bench order, finds direction to release detained goods on payment of 50% of demand and execution of simple bond contrary to provisions of Section 129 of Central GST Act / Kerala GST Ordinance r/w Rule 140 of CGST Rules; Notes that goods were detained by Revenue on ground that documents accompanying them had no nexus with actual goods under transport; Observes that Section 129 provides for detention, seizure and release of goods and conveyances in transit, whereby goods may be released provisionally upon execution of bond and furnishing of security in prescribed manner or on payment of applicable tax, interest and penalty in terms of Section 67(6); Hence, when statute itself provides a mechanism for adjudication following detention of goods including provisional release thereof, a deviation therefrom cannot be ordered, holds HC; However, taking note of Rule 140 obliging dealer to produce goods upon demand, and considering the inconvenience and prejudice likely to be caused on account of delay, HC emphasizes the necessity of an expeditious adjudication even in cases where goods are released provisionally : Kerala HC 

HC : Reverses ITAT; Contracts receipts, not JV-company's income, but diversion by overriding title

Jammu and Kashmir HC reverses ITAT order and rules in favour of assessee (a JV company) for AY 2005-06, railway contract receipts of over Rs. 12 cr. not income of assessee, but diversion of income by overriding title;  Assessee (a joint venture between two companies) was formed for construction of railway tunnels, HC notes that assessee was formed only for the purposes of submission of tender and that the contract was not executed by assessee, but by JV members, and contract was merely allotted in assessee’s  name;  Further, noting that the contract receipts of over Rs. 12 cr. were allocated to the JV partners  (in the ratio of 97:3), HC holds no income accrued to assessee as there was diversion of income by overriding title, extensively relies on SC ruling in Sitaldas Tirathdas;  Remarks that “neither amount would have been received by the assessee from the northern railways for no work performed by it nor it could be stated that the assessee has performed any activity but still the income has accrued.”; Separately, HC rules that the amount allocated / distributed to JV partners could not be disallowed u/s. 40(a)(ia), holds Finance Act, 2012 amendment inserting proviso to Sec. 40(a)(ia) [stating that once tax is paid by payee, deductor cannot be treated as assessee-in-default] is retrospective in nature, also cites CBDT circular on allocation of revenues in consortium arrangements:HC 

CESTAT : CENVAT credit availment towards manufacturing cannot debar exemption for factory space

CESTAT extends service tax exemption to manufacturer under Notification No. 6/2005-ST in respect of renting of open space within factory, finding no violation of any conditions stipulated therein with respect to non-availment of CENVAT credit; Observes that assessee had neither received / used any capital goods at the premises rented out nor utilized inputs / input services and no credit thereto was availed; Hence, all conditions thereunder stood complied with by assessee; Holds that availment of CENVAT credit in respect of inputs, input services and capital goods only in relation to manufacturing activity does not debar assessee from availing exemption under said Notification for service of renting of immovable property; Stating that activity in manufacturing unit and service related to immovable property are two distinct activities, CESTAT concludes that assessee is not liable to pay any service tax  : Mumbai CESTAT

Friday, 15 September 2017

GST on reimbursement of expenses

Goods and Services Tax or GST is made simple compared to earlier indirect tax laws. The confusion which we had earlier is very specifically articulated by government regarding reimbursements of expenses incurred at the time of provision of services.
Expenses incurred by service provider acting as a PURE AGENT shall be excluded from value of supply if some specified conditions are fulfilled.
It should be noted that you cannot exclude expenses incurred on behalf of recipient of service unless you satisfy the conditions specified.
Rule 7 of the valuation rules issued in public domain is the applicable rule to ascertain whether expenses incurred by service provider should be excluded or not

The conditions which should be satisfied before excluding reimbursements are:
  1. The supplier acts as a pure agent of the recipient of the supply, when he makes payment to the third party for the services procured as the contract for supply made by third party is between third party and the recipient of supply;
  2. The recipient of supply uses the services so procured by the supplier service provider in his capacity as pure agent of the recipient of supply;
  3. The recipient of supply is liable to make payment to the third party;
  4. The recipient of supply authorises the supplier to make payment on his behalf;
  5. The recipient of supply knows that the services for which payment has been made by the supplier shall be provided by the third party;
  6. The payment made by the supplier on behalf of the recipient of supply has been separately indicated in the invoice issued by the supplier to the recipient of service;
  7. The supplier recovers from the recipient of supply only such amount as has been paid by him to the third party; and
  8. The services procured by the supplier from the third party as a pure agent of the recipient of supply are in addition to the supply he provides on his own account.
Explanation . - For the purposes of this rule, “pure agent” means a person who -
  • Enters into a contractual agreement with the recipient of supply to act as his pure agent to incur expenditure or costs in the course of supply of goods or services or both;
  • Neither intends to hold nor holds any title to the goods or services or both so procured or provided as pure agent of the recipient of supply;
  • Does not use for his own interest such goods or services so procured; and
  • Receives only the actual amount incurred to procure such goods or services.
Which expenses can be claimed as reimbursements and excluded from value of supply/sale/service?
You must have doubts whether expenses listed below can be claimed as reimbursements and be excluded from value of supply.
  • Expenses such conveyance, transportation, food, team lunch,
  • Payment made to government departments such as ROC, Income Tax, GST etc.,
  • Goods/materials purchased on behalf of client/customer,
  • Other expenses incurred on behalf of client/customers.
The first condition is that supplier of service should act as a Pure Agent of his client/customer. If you are not providing services as a pure agent then you can not deduct expenses incurred on behalf of customer/client from value of supply of services.
You can deduct only those payments which were supposed to be made by your customer and parties involved in transaction knew the fact that it is your customer who is supposed to make payment.
Your customer should have authorised you to make payments on his behalf and you should:
  • Specify this amount separately in invoice,
  • Recover from client only actual amount paid,
  • The payment are in addition to other services you provide to your client.
  • Not hold title of goods or services procured on behalf of your client,
  • Not use goods or services for your personal use,
Let us understand this rule with an example.
We will take an example of professional services provided by CA, CS or Lawyers. Professionals such as Chartered Accountants sometime have to make payment on behalf of their clients. Take an example, of a CA who provides service of LLP Registration.
CA charges client his professional fee along with expenses incurred in form of payment to ROC. In this case CA acts as a pure agent of his client.
If fee of providing services was Rs. 15,000 and ROC expenses incurred are Rs. 5,000.
CA need to charge tax only on Rs. 15,000 and not Rs. 5,000 which were paid in discharge of his duty as a Pure Agent.
Here things to be noted are that, the payments to ROC were made on behalf of service recipient and CA acted as a pure agent between his client and ROC. Service received from ROC by making payment were not used by CA but by his client to get the name approval and registration.

HC : Denies Sec. 80IB deduction to industrial undertaking formed by take-over of existing business

Allahabad HC upholds ITAT order for AY 2001-02, denies Sec. 80-IB deduction to assessee-company’s (running a flour mill) on profits of industrial unit formed by takeover of entire business from another entity; Holds that the industrial unit was set up by purchase of used plant and machinery thus, resulting in violation of condition u/s 80IB(2)(ii), observes that the purpose of Sec. 80-IB is to promote setting up of a new industrial undertaking by purchasing new plant and machinery which stands defeated in assessee's case; Relies on Madras HC ruling in Heartland KG Information Limited rendered in context of Sec. 10A(2), observes that Sec. 80IB(2)(ii) is pari materia with Sec. 10A(2)(iii); Clarifies that transfer of used plant and machinery to a new undertaking and the formation of an industrial undertaking by splitting up/ reconstruction of existing business are two separate conditions u/s 80IB(2), distinguishes assessee's reliance on Bombay HC ruling in Sonata Software Limited in the context of splitting up/reconstruction; Remarks that “The transfer of the used plant and machinery may not result in splitting and reconstruction of the existing industrial undertaking but nevertheless when an unit as a whole is transferred, it includes the transfer of plant and machinery which was in use by the existing unit of a separate legal entity for the formation of a separate industrial undertaking. This kind of transfer is clearly hit by clause (iii) of Sec. 10A(2)..”:HC 

CESTAT : Amortized cost of modifying free dies & tools includible in manufactured goods' value

Amortized cost of modifying dies & tools supplied free by customer includible in assessable value of manufactured motor vehicle parts; Noting that assessee discharged service tax on modification charges collected from customer, CESTAT observes that modification cost is nothing but an addition to the value of overall dies & tools used in manufacture; Referring to Rule 6 of Central Excise Valuation Rules, CESTAT remarks that it doesn’t make any difference whether assessee carried out any modification to dies, moulds & tools supplied free of cost by customer; Upholds invocation of extended period of limitation on ground of suppression of facts, noting that assessee had never disclosed collection of charges either through any communication / in monthly returns; Rejects assessee’s plea of revenue neutrality, thereby disallowing CENVAT credit to customer and also imposes penalty u/s 11AC : Mumbai CESTAT

ITAT : Delivers Sec. 68 blow for assessee's miserable failure in demonstrating share premium genuineness

Ahmedabad ITAT, in second round of litigation, confirms unexplained cash credit addition u/s. 68 with respect to share premium received by assessee (a private limited company manufacturing PVC pipes) for AY 2002-03; ITAT observes that the taxpayer could not produce even a single party out of the 13 share premium paying parties despite they all being based locally, remarks that “the assessee has not made any effort in discharging its initial onus so as to satisfy the basic factors of identity, capacity, genuineness and creditworthiness of the 13 parties in question who have paid it a very hefty share premium of Rs.90/- per share in question.” ; Further, ITAT notes that assessee could not even submit any original confirmation, holds that “its subsequent action in submitting all 4 photocopies of the same date indicates a very serious genuineness issue”; Tribunal clarifies that mere filing of confirmation letter or by receiving money through banking channel or by filing PAN particulars will not discharge assessee’s onus; While acknowledging that there cannot be any 'straight jacket formula' to determine share premium, Tribunal however puts onus squarely on the assessee for its failure to even prima facie demonstrate the intrinsic value of shares to be at par with the the exorbitant premium received; Applies Apex Court ratios in Sumati Dayal and Durgaprasad More, wherein the Courts advocated judging of evidence by applying the test of "human probabilities".:ITAT 

CBEC seeks verification of CGST transitional credit claims above Rs. 1 Cr. by registered persons

CBEC writes to Chief Commissioners in relation to Rs. 65,000 Cr claimed by registered persons as CGST transitional credit; Directs them to verify ITC claims of more than Rs. 1 crore, stating that carry forward of transitional credit is permitted only when such credit is also permissible under the GST law; States, “The possibility of claiming the ineligible credit due to mistake or confusion cannot be ruled out.”; Explains that verification may include – (a) matching credit claimed with closing balance in returns filed under earlier laws, (b) checking eligibility of credit under GST regime; Calls for a report in this regard by September 20 : CBEC Letter

Three Imp High Court Verdicts On Core Issues

CIT vs. Deepak Kumar Agarwal (Bombay High Court)  

S. 153A: Argument of the Dept that the law laid down in Continental Warehousing/ All Cargo Global Logistics 374 ITR 645 (Bom) that assessment u/s 153A can be made only on the basis of incriminating material found in the search and no other issue can be taken is per incuriam in view of Rajesh Jhaveri Stock Brokers 291 ITR 500 (SC) is not correct. Bhola Shankar Cold Storage 270 ITR 487 (Cal) distinguished  

Provident Fund office launches new online process for application of Certificate of Coverage

On 20 July 2017, the Employees’ Provident Fund Organisation (EPFO) launched a new application software for online generation of Certificate of Coverage.
A Certificate of Coverage is required for an Indian worker (having an Indian passport) going to work in a country with which India has entered into a social security agreement.
With the launch of the online system, the physical application process for Certificate of Coverage has been discontinued. All employers and employees have been advised to use the online system to apply for a Certificate of Coverage.
Recently on 24 August 2017, the EPFO also issued a user manual detailing the steps to be followed by an employee and the employer while applying for a Certificate of Coverage through the new online system.
The new process for applying for a Certificate of Coverage requires (a) the employee to submit the application online first and then upload the signed copy of application and passport; and (b) the employer to approve the application first and then upload the counter-signed copy of the application. The status of the application can be tracked online and the Certificate of Coverage once issued can be downloaded from the portal.
The launch of an online system for the generation of Certificate of Coverage by the EPFO is a welcome move and yet another step to provide employer-employee friendly services.
This might ease and quicken the process of applying for and generation of a Certificate of Coverage.

GST Council extends due date of filing returns for July 2017 and recommends changes in rates and other provisions under GST

We are pleased to release a GST news alert providing highlights of the recommendations made by the GST Council in the 21st meeting at Hyderabad on 9 September 2017.
The GST Council has recommended an extension in the time-limit for filing GST returns for the month of July, 2017.  The other key decisions taken by the GST Council are as follows:
·         The due date to file Form TRAN -1 for transition of tax credits has been extended by one month i.e., 31 October 2017. Further, one-time revision option has been provided.
·         Form GSTR – 3B will continue to be filed until the month of December 2017.
·         The last date to opt for the composition scheme has been extended till 30 September 2017.
·         Exemption from registration has been provided for inter-state supply of job work service, as well as, handicraft goods, if goods are moved under the cover of an e-way bill, irrespective of the value of the consignment.
·         Registration for persons liable to deduct tax at source (TDS) and collect tax at source (TCS) will commence from 18 September 2017.
·         A committee under the chairmanship of the Revenue Secretary will be set-up to examine issues relating to exports.

The Government is taking steps to address the technical problems faced in GST return filing process. Pro-active measures to form special committees to examine and restore critical issues under GST may go a long way in streamlining and ensuring smooth functioning of the new tax regime. Extension of the due dates has come as a big relief for all taxpayers who grappled with online submission of tax returns for the month of July 2017. Since GST is still at a nascent stage, the trade and industry should take the opportunity to represent to the Government on various practical difficulties faced in the process of complying with the provisions of GST. This will not only enhance the business process efficiency but also facilitate ease of doing business.

OECD releases additional implementation guidance on CbC reporting and appropriate use of information in CbC reports

The new guidance consolidates and expands on all of the implementation guidance issued by the OECD since the release of the Action 13 final report.  Also included in the text of the new guidance, therefore, is the additional implementation guidance issued on: (i) 29 June 2016; (ii) 5 December 2016; (iii) 6 April 2017; and (iv) 18 July 2017.[1]  Because the 6 September release includes all the information found in the prior four releases, when consulting OECD additional guidance on the Action 13 final report, it will only be necessary to refer to the 6 September guidance going forward.

HC: Rejects society's Sec 12AA registration claim from original application date; Reverses ITAT ruling

Allahabad HC sets-aside ITAT order, grants registration u/s. 12AA to assessee-society with effect from April, 2004 (date of filing fresh application) and not from  the date of original application u/s. 12AA in April, 2000;  Assessee-society had originally filed the application for registration u/s. 12AA in November, 2000, which was rejected and upon filing of representation before CIT in September, 2004 against such rejection, assessee’s application was allowed, whereby registration was granted w.e.f.  April, 2004 and not from 2000; ITAT however had allowed assessee's plea to grant the registration from the year 2000, which is rejected by the High Court; HC holds that the date of filing the original application for registration has no relevance when the said application was rejected, and the subsequent application/representation moved in September, 2004 should be treated as a fresh application and accordingly the registration of the society u/s. 12AA would be operative from April, 2004; Further, HC notes that CIT, without recalling or setting aside its earlier order, had unequivocally granted registration from 2004 onwards:HC 

Finmin notifies registration exemption to job-workers & suppliers of handicrafts making inter-state supplies

Central Govt. notifies exemption from registration to job-workers engaged in making inter-State supply of services to registered person(s), except those whose aggregate turnover exceeds Rs. 20 lakhs in FY (Rs. 10 lakhs in special category States) or who opt for voluntary registration; Said exemption would also not apply to job-workers who are involved in supply of services in relation to jewellery, goldsmiths’ and silversmiths’ wares and other articles as specified at Sl. No. 151 in Annexure to Rule 138 of CGST Rules; Central Govt. further notifies exemption from registration to persons making inter-state supplies of specified handicraft goods subject to threshold; Such persons would require to obtain PAN and generate e-way bill in accordance with Rule 138 of CGST Rules; As per said Notification, “handicraft goods” include inter alia leather articles and footwear, carved wood products, carpets, rugs, musical instruments, folk paintings, textile hand embroidery and theatre costumes when made by craftsmen predominantly by hand even though some machinery may be used in the process : Finance Ministry Notifications 

'Consignment note' sine-qua-non for GTA taxability; Ancillary services liable to GST, explains CBEC

CBEC explains taxability of GTA services under GST regime, states that issuance of consignment note is a sine-qua-non for supplier of service to be considered as GTA and that services provided by such individual transporters who do not issue a consignment note will be exempt under Notification No. 12/2017-Central Tax (Rate); Explains that GTA service can be taxed at 5% subject to condition that ITC of goods & services used therein has not been taken, whereas GTA can opt to discharge liability at 12% with no restriction on ITC availment; Where recipient is a factory / society / cooperative society / person with GST registration / body corporate / partnership firm / casual taxable person, liability to pay GST devolves on such recipient unless GTA avails forward charge option (12%), but in all other cases where recipients do not fall in said categories, liability will be on GTA service supplier; Definition of ‘GTA’ includes not only the actual transportation of goods but any intermediate/ancillary service provided in relation thereto like loading/unloading, packing/unpacking, trans-shipment and temporary warehousing and hence, liable to GST unless they are provided as independent activities; States, “The law recognises that pure transportation of goods services are mostly provided by persons in the unorganised sector and hence has specifically excluded such operators from the tax net” : CBEC 

Sunday, 10 September 2017

Company Tax return filing.

The company income tax return due date for financial year ended March 31, 2017 now extended from September 30, 2017 to October 31, 2017.   The filing of company tax return is mandatory before the due date and in case of non-compliance, the government may de-register your company, seize company bank accounts etc.   Hence, please contact us in case you need any assistance towards, company audit, tax audit, Income tax return filing etc. we can also assist you in GST registration and filing of GST Return.
our whats app number is 91138 34964 & 89707 69696 and E mail ID is advisorsagarwal@gmail.com.

Thursday, 7 September 2017

Start-ups can avail of 3-year tax holiday in a block of 7 years

The increase in window will give more time to reach a stage when they start earning profits before they exercise their option for income tax exemption.

Eligible start-ups can now avail their three-year tax holiday in a block of seven years instead of five years giving them more time to take advantage of the benefit.

“The profit linked deduction available to the start-ups for 3 years out of 5 years is being changed to 3 years out of 7 years,” Finance Minister Arun Jaitley announced in his Budget speech 

For the purpose of carry forward of losses in respect of such start-ups, the condition of continuous holding of 51 per cent of voting rights has been relaxed subject to the condition that the holding of the original promoter/promoters continues, the FM said.

The other demands from start-ups, which included increasing the number of years of income tax exemption from three years to seven years and pushing back the qualification date before April 1 2016, have been ignored.

The increase in window for availing tax benefit will give more time to start-ups to reach a stage when they start earning profits before they exercise their option for income tax exemption.
Of the 1,425 applications received by the DIPP since the start-up policy was operationalised last year, 111 applications were considered for tax benefits as only these start-ups were incorporated after April1, 2016 and eight start-ups were approved for availing tax benefits

As many as 522 had the required documents and have been recognised as start-ups. These will be eligible for other benefits such as exemption from various compliances, help to file IPR applications and some relaxation in norms of government procurement reserved for small enterprises. 

Tuesday, 5 September 2017


About the Firm

Agarwal Advisors (AA)  has consistently been ranked as one of the best advisory firms in India across its diverse areas of practice. AA is a full service firm offering legal services over a wide spectrum of industry verticals, with offices in Bangalore  and Kolkata, and with a correspondent relationship in Mumbai, New Delhi & Chennai.

With a team of professionals led by a significant collegium of Partners, AA advises leading companies (both domestic and international), financial institutions, and others  on a wide array of matters ranging from corporate M&A, private equity, capital markets, banking and finance, projects, infrastructure and energy, tax, regulatory and policy and disputes and litigation.

AA services clients in diverse segments of commerce and industry both in Services and Manufacturing sectors. The spectrum of industries in which HSA services clients, ranges from manufacturing (across diverse sectors), consumer products and durables, retail, banking and finance and financial services, infrastructure / projects, energy, Oil and Gas, pharmaceuticals, hospitality and health-care, commodities trading and commodities exchanges, CDM projects and carbon trading, IT and software etc.

Our clients acknowledge and recognize AA for the professionalism and commercial perspective that we bring to transactions, our strong commercial acumen, our ability to manage transactions in an efficient and cost effective manner and our ability to address and resolve demanding transactional and legal issues. AA’s strong commitment to providing superior client services is reflected in the way we selectively and efficiently staff our assignments. At the core of this client- focused staffing is the belief in cultivating project teams that possess the requisite skills and sector specific experience. Our understanding of the regulatory and commercial risks and nuances of the underlying sector is what distinguishes the quality of our services.

AA’s stated philosophy is to partner with clients and therefore, the Firm consciously invests in building client relationships, demonstrated in part by the high levels of commitment that the Firm brings to the table. Our pragmatic and businesslike approach to problem solving translates into comprehensive yet cost-effective financials advisory  & legal services.

Our Practice Areas and Focus Sectors

Corporate and Project Finance

AA has significant experience in handling several project finance transactions in various sectors including power, highways, telecom, renewable energy and oil and gas sectors. AA is empaneled with several financial institutions in India, and provides assistance to lenders, borrowers, advisors and other intermediaries in complex local and cross-border finance transactions across major debt finance disciplines including commercial bank lending, structured financings and infrastructure, energy and project financings.

Our work involves structuring and documenting financing deals and advising on complex legal issues arising from them. AA assists clients on the optimum choice of structure, vehicle, security/collateral perfection and other issues. Our teams have wide ranging multi-jurisdictional experience in advising on large multi-currency and multi-sourced financings, particularly in India, North America, Europe and the Middle East.

The range of services includes drafting and negotiating wide ranging finance documents including mandate letters, term sheets, common terms agreements, rupee and foreign currency facility agreements, guarantees, direct agreements, cash pooling agreements, margin lending agreements, intercreditor agreements, sponsor support agreements, share retention agreements, subordination agreements, accounts agreements, trust and retention agreements and security documents including assignment agreements, share pledges, mortgages and hypothecations 

Corporate Commercial and M&A (including PE and VC Funding)

AA has an active corporate practice, including transactions related to domestic and cross-border M&As, strategic and private equity investments. The range of services includes advising on structuring of transactions, conducting due diligence, drafting and negotiating transaction documents, obtaining governmental and regulatory approvals, structuring of focused funds and advising on diverse legal and regulatory issues arising in relation thereto, advising on Securities Exchange Board of India (SEBI) rules and regulations, including under the SEBI Takeover Code, advising on compliance related issues, advising on risk factors and risk allocation, advising and structuring acquisition of overseas companies, businesses and/or assets by Indian corporates, advising foreign companies in acquisition of Indian companies including acquisition of public listed companies, drafting and negotiating transaction agreements, including shareholders’ agreements, share acquisition / purchase agreements and share subscription agreements, asset acquisition agreements, business / undertaking acquisition agreements, management buy-out agreements and related legal, regulatory and commercial advice.

AA has extensive experience in advising on private equity and venture capital investments. AA has advised clients in various sectors including Infrastructure, Real Estate, Media & Entertainment, Services Sector, Manufacturing, Telecommunication, Power, Hospitality and Restaurant Chains, Pharma, Fine Chemicals and Animal Healthcare, Retail and FMCG. AA  has in the past advised investors as well as investee companies / funds and has rendered a wide array of services including conducting legal due diligence, advising on the term sheets, providing full transaction support, including drafting, negotiating and finalising relevant transaction documents, coordinating closing and advising on related matters.

AA provides assistance on all aspects of commercial and corporate affairs, including setting up of new companies, entry strategy, takeovers, mergers, acquisitions, strategic and private equity investments, management buy-outs, corporate and trade finance and banking, corporate restructuring and commercial contracts.

AA has experience in handling corporate and commercial laws related transactions in diverse sectors, including structuring of joint ventures, identification of and negotiating with joint venture partners, technology transfers and licensing & technical assistance / service arrangements, governmental and regulatory approvals and foreign investment policy issues, establishing commercial arrangements, structuring sales and distribution networks and other commercial networks, agreements and arrangements.

Competition and Trade Law

AA provides advice to clients on competition law and trade related matters. Competition law and trade law related aspects govern the manner in which companies compete, market, distribute their products, price their goods and services, deal with customers, suppliers, distributors, wholesalers, retailers etc. In India, competition law has been recently introduced, which has replaced the erstwhile Monopolistic and Restrictive Trade Practices Act. The firm is engaged in providing legal advice and services to clients (across sectors) in relation to competition law related matters, including on anti-competitive agreements etc.

Foreign Direct Investment and Technology Licensing

AA has an active foreign direct investment (FDI) / entry strategy into India and technology licensing practice. The range of services include, amongst others, advising multinational corporations and financial institutions on FDI into India, setting up of branch offices/liaison offices/project offices in India, structuring of subsidiaries and joint venture companies, negotiation of joint venture documentation, obtaining governmental and regulatory approvals and advising on FDI policy issues, setting up of companies in India and advising on the implementation of the entry strategy. AAA also has experience in advising on franchising models, related structuring and advising and assisting clients on related documentation including franchising agreements and licensing agreements.

AA has extensive experience in dealing with foreign investment issues including dealing with RBI, FIPB, SIA, negotiating JVs, technology licensing and related agreements. HSA has been engaged in diverse assignments with several foreign companies for establishing JVs, subsidiaries, including wholly owned subsidiaries in India, and advises clients from time to time on diverse issues related to their investments into India.

AA has also handled several assignments related to outbound investments by Indian corporates overseas and has experience setting up of JVs and wholly owned subsidiaries of Indian corporates overseas and also advising clients on issues pertaining to establishment of branch offices, JVs and wholly owned subsidiaries abroad and other corporate commercial transactions similar to those described above.

AA has also been advising clients on technology transfers and licensing, technical services / assistance arrangements, drafting various licensing documentation, applying for obtaining necessary regulatory approvals as applicable.

Intellectual Property

AA provides comprehensive IPR services including transaction assistance, prosecution and litigation. AA also has the expertise to advise on areas that directly or indirectly touch upon IPR, such as Trade-marks; Copyrights; Patents; Designs; Trade-secrets; Geographical Indications; Domain Names; Franchising; Anti-counterfeiting; Passing-off; Infringement; Disparagement & Unlawful Competition; Publicity and Celebrity Rights; Cyber and Computer Law; Advertising and Media Law. AA also undertakes forensic audits of IPRs.

AA has also handled several transactions which includes IPR Assignment Agreements; IPR Licensing Agreements; Technology Transfer Agreements; Web Designing, Hosting and Maintenance Agreements; Technology Licensing Agreements; Technology Transfer Agreements; Software Development Agreements; Broadcasting Agreements; Web Development Agreements; Registered User Agreements, Software Licensing Agreements; E-Commerce Agreements etc.

Legal Compliances and Audits

The firm offers tailor-made services to listed as well as unlisted companies across all industries on legal compliances and audits. Firm’s specialised team helps in ensuring optimum level of compliance across the organisation and in improving internal processes and systems for legal compliance. Our services on legal compliances and audits, includes Statutory Compliance Management, Statutory Compliance Implementation, Legal Due Diligence, Contractual Compliance Assessment and Personalized Legal Updates.

Securitisation and Asset Reconstruction

The firm has been providing advice to various clients on the setting up and management of asset reconstruction companies. AA has been undertaking due diligences, setting up special purpose vehicles / asset purchase vehicles, advising clients on procedural compliance under the provisions of the Securitisation Act.


The Tax practice team has significant experience in advising various corporates, including several companies with operations in India. AA has the capability to provide strategic advisory, tax planning and optimisation advice, and litigation services (across all fora) to clients in all areas of Taxes, including Income Tax (including Double Taxation Avoidance Agreements), GST &  Foreign Trade Policy.

AA provides creative solutions to complex tax related issues, Goods & Service Tax (GST) transition and implementation assistance, advice in relation to indirect tax implications for Special Economic Zone developers, Co-developers and Units, Engineering Procurement Construction (EPC) contractors, and Project Owners, advice on Withholding Taxes.

AA has wide industry exposure of almost all industry verticals viz. automobile, aviation, FMCG, infrastructure, oil and gas (contractors as well operators), pharmaceuticals, telecommunication, telecommunication infrastructure and equipment manufacturers etc.

AA is well equipped to assist clients with representation services in relation to policy matters concerning indirect taxes as part of and service providers to industry bodies, as well as individual businesses.

AA’s Tax practice serves as an ideal complement to the other practice areas, such that it dovetails with those to provide a seamless service experience to our clients 


Bangalore Office:

67, 4th Cross, 10th Main
Indiranagar 2nd  Stage
Bangalore – 560 038

Kolkata Office: 

6F CNC Street,
Kolkata – 700 025

Blog: taxofindia.wordpress.com 

Friday, 1 September 2017

HC : Interprets 'customised electronic data' liberally; Television news software export eligible for Sec. 80HHE benefit

Delhi HC allows Sec. 80HHE deduction to NDTV for AY 1999-00, rules that  television news software exported by assessee falls within the definition ‘customized electronic data’ occurring in clause (b) of the Explanation to Sec. 80HHE of the Act; Takes note of agreement between assessee and New Delhi Television (India) Private Limited (‘NTVI’) whereby it was agreed that assessee would be responsible for the production of the entire software (programming) for a 24-hour Indian news channel which would be supplied to NTVI who would in turn broadcast the said channel through STAR TV; Firstly, on facts, HC finds that assessee was able to demonstrate that the television news software produced by it was indeed ‘customized electronic data’ which was exported from India and that the entire process of making the programmes was to meet the requirement of STAR TV;  Thereafter, HC rules that “The expression ‘any customized electronic data’ is preceded by the disjunctive ‘or’ which clearly indicates that any customized electronic data would also be considered to be ‘computer software’ under the inclusive part of the definition.”; Rejects Revenue’s stand that the words ‘or any customised electronic data’ has to take colour from the main part of clause (b) of the Explanation and  cannot be construed independent of it; HC clarifies that the principle of ejusdem generis will not apply in the instant case taking into consideration the rationale behind the introduction of words ‘customized electronic data’ in explanation (b) as explained in CBDT circular 772 of 1998, states that “the expression ‘any customized electronic data’ requires a liberal interpretation.” :HC 

Govt. waives late fee on failure to furnish July's GST Return by due date

Central Govt. waives late fee payable u/s 47 of CGST Act for all registered persons who failed to furnish return in FORM GSTR-3B for the month of July, 2017 by due date : Finance Ministry Notification  

Sunday, 20 August 2017

Extension in due date for filing GSTR 3B | PIB issued and Notification issued by Odisha Government

This is to update that Ministry of Finance vide a Press Release dated August 17, 2017 has clarified regarding the availability of Transitional Input Tax Credit (ITC) for making payment of GST for the month of July 2017.  Vide the said Press Release, it has been clarified that :

       The taxpayers who are willing to avail transitional ITC are required to compute their tax liability after estimating the amount of transitional credit.  The Press Release though clarifies that payment of tax liability post adjustment of such estimated transition credit is required to be made by August 20, 2017.

       With the above, the Government has granted additional 8 day time i.e. August 28, 2017, to submit Form TRAN- I and Form 3B respectively.  It has been clarified that in case of a shortfall in the amount already paid vis-à-vis the amount payable on submission of Form 3B, the tax payer will be liable to discharge the balance tax along with interest @ 18% for the period between August 21, 2107 till the payment of such differential  amount.

       Further no such extension will apply to taxpayers not opting for the above (i.e. transitional credit) and the due date will continue to be August 20, 2017.

With the above, it can also be inferred that transitional ITC is only available once the prescribed ITC transition form is filed and no such credit appears to be available unless such compliance is adhered to.  We have attached herewith a copy of the Press Release for your reference.  The official Notification from the Central Government in this regard is yet to be issued. 

However, in line with the above press release, the State Government of Odisha vide Notification No. 12520 dated August 17, 2017 has announced extension for filing of GSTR 3B returns for a situation where the assessee is seeking to claim transition credits. While this had currently been issued by Odisha Government, we are hopeful that other states will also come up with similar notifications. Further, West Bengal and Assam have also issued similar notifications in the last couple of hours

HC : Cannot dismiss appeal for non-deposit of prescribed duty/penalty within limitation period

HC overrules Single Judge Bench, holds dismissal of appeal by Commissioner (Appeals) on ground that prescribed mandatory pre-deposit of 7.5% penalty was made after expiry of limitation as ‘unsustainable’, when appeal filed within condonable period, i.e. within 90 days from date of receipt of order-in-original; Accepts assessee’s submission that Single Judge Bench failed to appreciate a perceptible difference between 'presentation of appeal' and 'entertainment of appeal' appearing in proviso to Section 128(1) and Section 129E(i) of Customs Act respectively; Observes, “if the first proviso to Section 128 (1) and Section 129 E, are harmoniously construed, then, one would have to hold that, if an appeal is presented within the time, which is the original period of limitation or, within the condonable period of thirty days, then, it can only be entertained even if the appellant makes the prescribed mandatory pre-deposit thereafter”; Remarks, ordinary meaning of word “presenting” or “presentation” could only mean 'any action or instance of lodgement of appeal', while “entertain” would mean 'give attention to or consideration to the matter'; Distinguishing Full Bench decision in E.P. Nawab Marakkadai, HC directs Revenue to follow procedure prescribed in Circular dated October 14, 2014 thereby granting at least 3 opportunities to appellant to produce evidence in support of pre-deposit : Madras HC

GSTR 3B | Payment and Return Filing | Extension | Press Release issued

This is to update that the Ministry of Finance vide Press Release dated August 19, 2017 has extended the due date for payment of GST for the month of July 2017 to August 25, 2017.  Further, the due date of filing of returns in Form GSTR 3B for taxpayers who do not wish to avail the transitional credit in TRAN-1 has also been extended till August 25, 2017.  For taxpayers, who wish to avail the transitional ITC, the last date for filing the returns in Form GSTR 3B shall continue to be August 28, 2017 as notified earlier.  Further, as regards the payment of taxes in case of taxpayers opting to avail transitional credits, this update suggests to extend the due date for payment of taxes to August 25, 2017 – however no specific mention has been made in the Press Release to this effect.

We have attached herewith a copy of the said Press Release for your reference.  Please note that the formal notification in this regard is yet to be issued by the Government

Online Process for Income Tax refund Re-issue

(a)    Login to website incometaxindiaefiling.gov.in
(b)   Select Registered User - Login on  the right hand side
(c)    Login details are 
(i)                  User ID                
(ii)                Password           
(iii)               Date of Birth     
(iv)              Type the Image                  
(d)   Aadhar Pop Up -  select Later
(e)   Now select Service request from the Tab My Account
(f)     Request Type -  New Request
(g)    Request Category -  Refund Re-issue
(h)   Select response  Submit
(i)      Now Fill the correct Bank Account Number and IFSC Code. (refer Cheque Book for correct details) 
(j)     After filling the form,  select Submit.
(k)    E Verify Pop Up will come  -  select option 2
(l)      Select Net Banking  

(m) Follow the net banking step as provided further to e verify. 

Thursday, 17 August 2017

Extension in due date for filing GSTR 3B | PIB issued and Notification issued by Odisha Government

This is to update that Ministry of Finance vide a Press Release dated August 17, 2017 has clarified regarding the availability of Transitional Input Tax Credit (ITC) for making payment of GST for the month of July 2017.  Vide the said Press Release, it has been clarified that :

       The taxpayers who are willing to avail transitional ITC are required to compute their tax liability after estimating the amount of transitional credit.  The Press Release though clarifies that payment of tax liability post adjustment of such estimated transition credit is required to be made by August 20, 2017.

       With the above, the Government has granted additional 8 day time i.e. August 28, 2017, to submit Form TRAN- I and Form 3B respectively.  It has been clarified that in case of a shortfall in the amount already paid vis-à-vis the amount payable on submission of Form 3B, the tax payer will be liable to discharge the balance tax along with interest @ 18% for the period between August 21, 2107 till the payment of such differential  amount.

       Further no such extension will apply to taxpayers not opting for the above (i.e. transitional credit) and the due date will continue to be August 20, 2017.

With the above, it can also be inferred that transitional ITC is only available once the prescribed ITC transition form is filed and no such credit appears to be available unless such compliance is adhered to.  We have attached herewith a copy of the Press Release for your reference.  The official Notification from the Central Government in this regard is yet to be issued. 

However, in line with the above press release, the State Government of Odisha vide Notification No. 12520 dated August 17, 2017 has announced extension for filing of GSTR 3B returns for a situation where the assessee is seeking to claim transition credits. While this had currently been issued by Odisha Government, we are hopeful that other states will also come up with similar notifications. Further, West Bengal and Assam have also issued similar notifications in the last couple of hours