Tax Laws

OVERVIEW

Tax Law Legal Services in Delhi NCR

Expert Legal Services provides legal advisory and representation in matters arising under India’s direct and indirect tax statutes. The firm assists individuals, companies, and institutions in managing tax assessments, responding to notices from tax authorities, and pursuing appeals before the relevant appellate forums, including the Income Tax Appellate Tribunal, High Courts, and the Supreme Court of India.

Tax disputes in India frequently involve complex questions of statutory interpretation, application of judicial precedents, and interaction with other areas of law, including corporate law, commercial contracts, and regulatory compliance. The firm’s broader legal experience enables it to address tax matters in the context of the wider legal and commercial framework within which they arise.

Scope of Practice

Income Tax Assessment and Appeals

Legal representation in income tax assessment proceedings before the Income Tax Assessing Officer, and in appellate proceedings before the Commissioner of Income Tax (Appeals), the Income Tax Appellate Tribunal, High Courts, and the Supreme Court. The firm advises on the legal merits of disputed additions, disallowances, and tax liability questions arising in assessments of individuals, firms, and companies.

GST Disputes and Proceedings

Legal advisory and representation in matters arising under the Goods and Services Tax framework, including disputes relating to input tax credit, classification, valuation, place of supply, and demand notices issued by GST authorities. The firm assists in responding to show-cause notices, appearing in departmental hearings, and pursuing appeals before the GST Appellate Authority and High Courts.

Tax Litigation before High Courts and Supreme Court

Representation in direct and indirect tax litigation before the Delhi High Court and the Supreme Court of India in cases involving important questions of law relating to income tax, GST, customs, and allied statutes. The firm handles writs against arbitrary tax orders and appeals involving statutory interpretation in the tax context.

Customs and Trade-Related Tax Matters

Legal advisory and representation in customs duty disputes, including valuation disputes, classification questions, exemption claims, and anti-dumping matters. The firm handles proceedings before the Commissioner of Customs, the Customs Excise and Service Tax Appellate Tribunal, and the High Courts.

Transfer Pricing

Legal advisory in transfer pricing disputes arising from transactions between associated enterprises, including representation in transfer pricing assessments and appeals before the Transfer Pricing Officer, the Income Tax Appellate Tribunal, and the High Courts.

Tax Advisory in Transactions

Legal advisory on the tax implications of corporate transactions, including mergers, acquisitions, restructuring, and commercial agreements. The firm advises on the applicable direct and indirect tax framework as part of its broader M&A and corporate law practice.

WORKING PROCESS

Our Approach to Tax Law Matters

1. Assessment of Legal Position and Merits

The firm begins by reviewing the applicable statutory provisions, the facts of the matter, and the relevant judicial precedents to assess the legal strength of the client’s position and the available appellate remedies.

2. Preparation of Submissions and Arguments

The firm prepares detailed written submissions for departmental hearings, appeals, and court proceedings, addressing the applicable law and facts with precision and drawing on relevant judicial decisions and legislative history where required.

3. Appellate Representation

The firm represents clients at all stages of the appellate process, from departmental appeals through the Income Tax Appellate Tribunal to the High Courts and the Supreme Court of India, maintaining a consistent legal position across all forums.

 

Frequently Asked Questions

What is the time limit for filing an appeal against an income tax assessment order?

The time limits for filing income tax appeals differ depending on the appellate forum. Appeals before the Commissioner of Income Tax (Appeals) must generally be filed within 30 days of the date of service of the assessment order. The firm advises on the applicable time limits for each forum and assists in filing appeals within the required period.

Can a tax assessment order be challenged before the High Court?

High Courts have jurisdiction to entertain writ petitions challenging income tax orders in appropriate cases, including cases involving the absence of jurisdiction, violation of principles of natural justice, or the existence of an important question of law. The firm advises on whether the facts of a particular matter warrant a writ challenge before the High Court.

Does the firm handle GST disputes for businesses operating outside Delhi?

Yes. The firm advises on GST matters arising under central GST legislation across India, including representation in appellate proceedings before the GST Appellate Authority and the High Courts. For state-level GST matters in other states, the firm may coordinate with appropriate local counsel as required.

How does transfer pricing audit work in India?

Transfer pricing in India is governed by Sections 92 to 92F of the Income Tax Act. International transactions between associated enterprises exceeding the prescribed threshold are subject to transfer pricing documentation requirements and may be referred to a Transfer Pricing Officer for determination of arm's length price. The firm advises on documentation requirements and represents clients in transfer pricing proceedings.

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Years Of Experience

Many Prestigious Awards

Experienced Attorney

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