As you are aware the Indian GST is at its door step, ALA Legal has geared up to serve the industry for its implementation in the organization. Mr. Puneet Agrawal is also an active member of the GST committee of the Institute of Chartered Accountants of India. It is very important from the beginning that all transactions should be verified from GST prospective and GST implication should be assessed and compiled in a correct manner. We are Legal Partners of the companies to implement the GST in the following manner:
– Analysis of each and every transaction of the company from GST point of view.
– Identification of Taxable transaction, Exempt transaction.
– Identification of specific benefits provided to a particular industry or business location.
– Identification of GST Input Credit available to the company and best method of its utilization.
– Classification of the products for CGST and SGST.
ALA Legal provides litigation service in its all practice area – Excise, Customs, Service Tax, VAT/CST, FTP & DGFT matters, other state taxes, International Trade, Competition law and Direct Tax. ALA Legal has an in-house expert team of professionals who have handled complex cases and industry matters and therefore now indirect tax litigation service of ALA Legal has become the brand among the industry. Partners of the firm have the experience of over 2000 matters before quasi-judicial and judicial forums like appellate bodies, DGFT, Tribunals, High Courts, and Supreme Court. The unique mix of the peoples’ background at ALA Legal makes the firm distinct where our cross-functional experience helps us to approach the problems in innovative ways and put forth exemplary arguments consulting and execution. ALA Legal also has a chamber in Delhi High Court.
To be aware of law which governs a client, his business, and allied activities, is the basic step for compliance and for availing benefits or tax incentive. In a complex indirect tax environment, our clients require legal advice on the tax decisions to be taken in the organization. ALA Legal provides legal opinions in the entire range of Indirect Tax practice areas to assist its clients in their decision making with most appropriate legal backup. Issues like excisability of goods, chargeability of service tax/VAT, classification of products under excise/customs/VAT, tax implications during restructuring of business, availment of Cenvat credit are the areas where our clients routinely seek advice from us.
Consulting services provided by ALA Legal also assist our clients and provide them guidance in decision making. Consulting service is provided on retainership basis for providing comprehensive services on tax issues. The teams providing such service are headed by specialist consultants in each area of practice, who also visit the client place when necessary to fully comprehend peculiar facts obtaining in a case. The system adopted by the Firm for providing consultation on retainership basis is managed with much systemized approach. There is one Spoke person dedicated to each client who benefits from oral guidance provided over phone or during meeting, replies to the queries through e-mail, comprehensive written opinion wherever required. The Firm also provides regular updates on latest amendments in the relevant practice area. With an added advantage of having in-depth knowledge of client’s business domain, the team provides optimum, efficient and feasible solutions on the key issues.
ALA Legal also does indirect tax reviews of the clients periodically. Tax review is like a law checkup of client’s financials to confirm correct payment of taxes, correct availment of CENVAT credit/input tax credit, benefits of tax concessions and exemption available to client. In most of the company, in-house expertise is not sufficient to achieve these objectives and some issues eventually get ignored due to either complex nature of the issue in hand or busy schedule in day to day job of tax compliance team.
Tax Review team of ALA Legal have sound knowledge of tax laws and have good experience in interpretation of law and litigation. The Team consists of multi-professional people with legal as well as accounting background and this dual skill set assists the client to streamline its tax compliance and to optimize utilization of available tax benefits with the help of high-quality tax reviews. Tax reviews enable clients to maximize benefits, identify opportunities, and exposures for taking corrective action. Tax review Team visits the client site and closely work with the client to understand their transactions and provide the systemized way forward for corrective actions to be taken by the client.
GST In India
Model GST Law has been recently circulated by the Government for comments from stake holders. On going through the same, we ( ALA Legal) found that the same is a complex mix of the provisions of current laws sought to be unified in bits and pieces to give shape to a new structure, of course with certain refinements so that it be presented as GST. However, at several places it seems that the Government is rather moving backwards, which is apparent from introduction and re-emphasis of certain archaic provisions; especially those vesting the officers with unbridled and arbitrary powers. Likewise, certain other fundamental provisions such as those relating to valuation, credit, and time of supply have also failed to show the progressiveness which is keenly expected from GST.
In sum, the Model GST Law is an interesting mix of a new & highly evolved concept, couched in a framework which is largely based upon the complicated, cumbersome and highly controlled legislation currently prevailing.
THE PROFESSIONAL’S ANXIETY
Being professionals working as specialists in the areas concerning Indirect taxes, we are naturally interested in examining the new GST law and to spread awareness on the various important aspects concerning the same. It is also important to garner the views of the stake holders which is only possible when they are made aware of the fine print, through professional’s eye peeping into the fine print.
Thus, we present this site to you all, containing the analysis of various issues in the minutest detail possible.
As you are aware the Indian GST is at its door step, ALA Legal has geared up to serve the industry for its implementation in the organization. Mr. Puneet Agrawal is also an active member of the GST committee of the Institute of Chartered Accountants of India. It is very important from the beginning that all transactions should be verified from GST prospective and GST implication should be assessed and complied in correct manner. We are Legal Partner of the Companies to implement the GST in following manner:
- Analysis each and every transaction of the company from GST point of view.
- Identification of Taxable transaction, Exempt transaction.
- Identification of specific benefits provided to particular industry or business location.
- Identification of Input GST Credit available to the company and best method of its utilization.
- Classification of the Product for CGST and SGST.
1) Analysis of 101st Constitutional amendment Act-GST
2) GST in India-Old Committee Report-05.03.13
3) Refund Processes-GST
4) Registration Processes-GST
5) Return & Payment Processes-GST
6) Assessment, Audits, Demands and Recovery Provisions under GST
7) E-commerce under GST
8) GST- IGST,CGST,SGST, Levy, Composition Levy
9) Provisions related to Input Tax Credit under GST
10) Provisions related to filing of returns under GST
11) Provisions related to Place of supply under GST
12) Provisions related to Time of Supply under GST
13) Provisions related to Registration under GST
14) Provisions related to Valuation under GST
15) Provisions related to Offences and Penalties under GST
16) Draft Payment-Rules
18) Draft Returns- Rules
19) Draft Registration- Rules
20) Draft Refund- Rules
21) Enrollment of existing taxpayers under GST
22) Transitional Provision under the revised GST Law
23) Impact of revised model GST on Real Estate
Live Webcast on IGST
1. 1st Discussion Paper-GST
2. Report of Task Force-GST
3. Report of Joint Committee…Registration
4. Report of Joint Committee…Payment
5. Report of Joint Committee…Refund
6. Model GST Law
7. The Constitution (One hundred and First Amendment) Act
8. Gst Return Business Process Document
10. Presidential order on GST Council
11. Draft Invoice-Rules by CBEC
12. Draft Invoice-Formats by CBEC
13. Draft Payment-Rules by CBEC
14. Draft Payment-Formats by CBEC
15. Draft Registration-Rules by CBEC
16. Draft Registration-Formats by CBEC
17. Draft Return-Rules by CBEC
18. Draft Return-Formats by CBEC
19. Draft Refund-Rules by CBEC
20. Draft Refund-Formats by CBEC
21. Compilation of Demonetization documents
- Revised update on Demonetization, 2016
- IT-Update on Rules 114B & 114E
- GN No. 2652 SO 3407(E)(2016)(8.11.2016)
- GN No. 2653 SO 3408(E)(2016)(8.11.2016)
- GN No. 2654 SO 3409(E)(2016)(8.11.2016)
- GN No. 2661 SO 3416(E)(2016)(9.11.2016)
- GN No. 2662 SO 3417(E)(2016)(9.11.2016)
- GN No. 2663 SO 3418(E)(2016)(9.11.2016)
- GN No. 2671 SO 3429(E)(2016)(10.11.2016)
- GN No. 2682 SO 3445(E)(2016)(11.11.2016)
- GN No. 2683 SO 3446(E)(2016)(13.11.2016)
- GN No. 2684 SO 3447(E)(2016)(13.11.2016)
- GN No. 2685 SO 3448(E)(2016)(14.11.2016)
- GN No. 2717 SO 3480(E)(2016)(17.11.2016)
- GN No. 2724 SO 3488(E)(2016)(18.11.2016)
- GN No. 2725 SO 3489(E)(2016)(18.11.2016)
- GN No. 2726 SO 3490(E)(2016)(20.11.2016)
- GN No. 2773 SO 3543(E)(2016)(24.11.2016)
- GN No. 2774 SO 3544(E)(2016)(24.11.2016)
- RBI FAQ (updated up to 23.11.2016)
- RBI FAQ (updated up to 25.11.2016)
International Trade Law
International Trade has been liberalized under GATT and other agreements under WTO regime. There is a further liberalization of cross boundary trade at regional levels by entering into various regional preferential trade agreements. With liberalized cross border trade a number of domestic industries are complaining injury on account of increased imports and are seeking higher duty on the imports. The WTO agreements as an exceptional measure permit imposition of Anti Dumping duty, Safeguards Duty and Countervailing Duty as the case may be for the protection of domestic industry. These three exceptional taxes are meant for three different situations which are mutually exclusive.
While in the case of Anti Dumping Duty there is an alleged foul play on the part of exporter and in the case of countervailing duty an alleged foul play on the part of exporting country, there is no alleged foul play on the part of exporter or exporting country in the case of safeguards duty. Thus safeguards duty is imposed purely for the protection of domestic industry on a no fault principle.
We have successfully handled a number of cases in the above arena for imposition of duty as well as opposing the imposition of duty. Mr. Pramod Rai, Managing Partner of the firm is considered to be an authority on these laws. He has also written a book – Anti-Dumping Measures in India (A User Manual).
The Competition Law was introduced in India in its true sense by way of the Competition Act, 2002 and was made effective and notified from 2008. It is however said that the competition Act replaced the Monopolies and Restrictive Trade Practices (MRTP) Act, 1969.
The Competition Law prohibits enterprises to enter into anti-competitive/ collusive agreements or to abuse their dominant position and to form anti competitive combinations. Competition Commission of India (CCI) is the body overlooking and formed to curb anti-competitive activities in India. The CCI can act upon issues on its own or on receipt of information. CCI has the power to award compensation, impose penalty and can recommend to the Central Government division of a dominant enterprise to ensure that it does not abuse its position.
Recently CCI has been in the highlights for various issues involving cases of huge monetary value and investigations including dawn raids. In the field of Competition/Anti-Trust Law we are representing enterprises in seeking relief against anti-competitive practices of their competitors as well as for defending enterprises against whom complaints have been filed before the CCI. We are also defending parties before the COMPAT.