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INDIRECT TAXES ADVISORY AND SUPPORT 

Globally, indirect taxes play a vital role in designing business models, business transactions, supply chain, intra group transactions and cross border transactions as little bit of ignorance of carelessness could cause significant financial damage and could also entail litigations. Therefore, management of businesses pay great attention to understand impact of various indirect tax costs so as to minimise overall transaction tax cost. Given the multiplicity of taxes and complexities of laws of various countries, support of experienced professional is inevitable.

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Foreign Trade Policy as well as various Central and State Incentive Schemes are very critical to avail benefits under those schemes thereby optimise overall indirect tax cost and remain competitive in the market.

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In India, while majority of indirect taxes have been integrated into GST, businesses still have to deal with erstwhile indirect taxes especially the legacy issues, assessments, audit, appeals and enquiries by tax authorities.

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We extend our support to business houses in strategy and planning, managing indirect taxes, both under pre-GST and post-GST regime. Some of our key services are indicated below:

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FOREIGN TRADE POLICY

The Foreign Trade Policy (‘FTP’) issued by the Ministry of Commerce promotes and facilitate exports out of India and also governs import into the country. The FTP provides detailed policy guidelines and procedures with regards to exemption and remission schemes in relation to exports, incentives to exporters, restrictions or prohibitions on import and export of goods of specified category in the larger interest of the country, special duties and levies, etc. The Directorate General of Foreign Trade (‘DGFT’) is the nodal agency for implementing the FTP.

We at Artes provide select services to clients on various aspects of FTP such as:

  1. Advising on various incentives and benefits available under FTP as well as nuances related to exports and imports

  2. Assistance in preparing and filing applications with authorities and obtaining required licenses, authorisation, etc., from the DGFT

  3. Assisting in filing representations with the DGFT, representing before them and obtaining clarifications or orders from the DGFT

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CENTRAL AND STATE INCENTIVE ADVISORY AND SUPPORT

In the past few years, the Indian Government has rolled out various initiatives and offered incentives under various schemes such as “Make in India”, “Digital India”, “Start-up India”, etc. It is important for Indian as well as foreign business houses to understand, evaluate and avail various fiscal and non-fiscal incentives and benefits under these schemes.

We extend following support to clients in this regard:

  1. Advising on incentives available under various State and Central Government Schemes as well as eligibility of these schemes to clients

  2. Evaluating pros and cons of these incentives and benefits including the obligations as well as compliance aspects

  3. Assistance in preparing and filing applications with relevant State and Central Government authorities and obtaining benefits and concessions

  4. Assisting in filing representations with the authorities and obtaining clarifications or orders from them to ascertain clarity in the matter

 

CUSTOMS RELATED SERVICES

Despite introduction of GST, Customs Regulations do govern import and export of goods and services in India. Indian and Global business house need to understand intricacies of Customs Regulations and procedures to ensure smooth operation of business and managing effective tax costs. There are different types of customs duty such as Basic Custom Duty (‘BCD’), Countervailing Duty (‘CVD’), Additional Customs Duty or Special CVD, Protective Duty, Anti-dumping Duty, and Education Cess on Customs Duty. Some duties are CENVATABLE and most of the duties are passed on to the customers directly or indirectly, but still one need to minimise leakages.

 

We provide some of the specific services to clients such as:

  1. Advising on Customs related matters such as HSN classification, rate of duty, valuations especially for related party transactions, exemptions and remissions available, etc.

  2. Assisting in assessment, Customs Special Valuation Branch proceedings, etc.

  3. Assisting in preparing replies, submissions, appeals, and representing before the authorities

  4. Assisting in filing Writ Petitions and briefing Counsels for representing before the Indian Courts

  5. Assisting in obtaining Authorised Economic Operator certificate

  6. Assisting in obtaining license for Private Bonded Warehouse and other related licenses and permissions

  7. Assisting in obtaining refunds

  8. Providing routine advisory services

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SPECIAL SUPPORT

Indian Government has rolled out various special economic zone regimes to promote export of goods and services from India and IT industry has been the biggest beneficiary of some of these regimes. Our special support in these areas include:

 

  1. Advising clients on various special economic zone regimes including eligibility, benefits, obligations, compliances, etc. and guiding clients in availing benefits

  2. Advising and assisting in establishing SEZs, STPs, ITES Parks, etc. to developers as well as assisting in obtaining required permissions and approvals

  3. Advising and assisting in obtaining registrations and licenses for establishing as well as operationalising units in EOUs, STPs and SEZs

  4. Advising and assisting in de-notifying SEZs, STPs, ITES Parks or units in EOUs, SEZs, STPS, etc. considering commercial, operational and taxation aspects

  5. Providing routine advisory and operational support services

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PRE-GST REGIME ADVISORY AND SUPPORT

GST Regime has been rolled out in India since July 2017 and it subsumes majority of indirect taxes within itself with some exceptions. Despite the span of 6 years, there are many litigations and enquiries are open under the erstwhile regime, which business houses are dealing with it and facing the brunt thereof. As trusted advisors, we provide following services to clients to address pending issues of pre-GST regime such as Service-tax, Central Excise, VAT and CST:

  1. Reviewing past matters under VAT, and providing strategic advisory

  2. Assisting in concluding audits, assessments and enquiries initiated by the tax authorities

  3. Providing litigation support including assisting in making submissions, representing before the authorities, appellate authorities or Tribunals or Courts

  4. Assisting in Writ Petitions before the Indian Courts

  5. Assisting in obtaining pending refunds from the authorities

 

POST-GST REGIME ADVISORY AND SUPPORT

GST Regime rolled out in 2017 subsumed majority of indirect taxes within itself with some exceptions. GST Regime has been fully implemented in India and the revenues from GST has been increasing on year-on-year basis. Further, the technology implemented by the Government ensured and facilitated enhanced compliance and control. GST Regime is applicable to almost all kinds of business transactions, bit goods, services, some of the negative activities, barter transactions and even business transactions. Therefore, it is crucial for management to evaluate and examine impact of GST Regime on every aspect of business to minimise overall tax costs. Further, with the digitisation, compliance has become very onerous and non-compliance entails heavy penal consequences. As the GST Regime evolves in India, we anticipate large and complex disputes in GST front going forward.

 

Our experienced team supplements and complements management team’s efforts in optimising overall indirect taxes as also ensuring timely compliance. We offer range to services as highlighted below:

  1. Strategic GST advisory in respect of various business transactions, contracts, Bids & Tenders, inter-group transactions so as to optimise overall GST cost and effectively manage compliances

  2. Conducting GST Diagnostic Reviews on time to time basis

  3. Advising on various GST related issues including exemptions, CENVAT credit, refunds, procedural aspects, penal consequences, etc.

  4. Assisting in complying with GST regulations on day-to-day basis

  5. Advising on valuation aspects in case of related party

  6. Assisting preparing and filing submissions before the tax authorities including filing response to various notices, summons and enquiries. Representing before the tax authorities in this regard

  7. Assisting in identifying key issues / areas of representations and making representations before the GST Council

  8. Assisting in preparing SOPs, Manuals and other Documents for effective implementation of GST Regime by the concerned employees as well as providing training to employees as required

  9. Advising and assisting in minimising overall GST costs and leakages and suggesting risk mitigation approaches

  10. Assisting in regular GST compliances on concurrent basis using GST Suvidha Provider (‘GSP’) and Application Service Provider (‘ASP’) applications

  11. Assisting in GST assessment, audits, special audits, etc.

  12. Assisting in preparing replies, submissions, appeals, and representing before the authorities as well as appellate authorities

  13. Assisting in filing Writ Petitions and briefing Counsels for representing before the Indian Courts

  14. Assisting in obtaining refunds

  15. Providing routine advisory services

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