Indirect Taxation

Indirect Tax ConsultancyIndirect Taxation is an essential aspect and a major requirement for doing business in India and its importance cannot be undermined or ignored.  Indirect taxes are a category of taxes that are transferred to another person or entity. Typically, they are imposed on manufacturers or suppliers who subsequently pass on the tax burden to the ultimate consumer. Instances of indirect taxes consist of sales tax, entertainment tax, excise duty, and more. These taxes are imposed on sellers of goods or providers of services, and they are then conveyed to the end consumer in the form of service tax, excise duty, customs duty, and so on. A prevalent illustration of an indirect tax is the excise tax enforced on alcohol.

Although a significant portion of indirect taxes has been consolidated under the GST system, businesses are still required to address the remaining indirect taxes from the previous regime. This includes handling legacy issues, undergoing assessments, audits, and responding to inquiries from the tax department, among other related matters.

The experienced professionals at Khurana and Khurana have extensive knowledge and practical experience in both earlier indirect tax systems and the current GST regime. They are well-equipped to assist clients in devising effective transaction plans considering the implications of indirect taxes or GST. They provide valuable insights, offer opinions, and prepare appropriate responses to department notices. Additionally, they offer guidance and support throughout the tax refund process, helping to expedite day-to-day business operations and ensure the smooth functioning of the organization.

We, at Khurana & Khurana, have experience in delivering advice on Indirect Taxation specifically on the erstwhile legislations pertaining to Customs Duty, Excise Duty, Entry Tax, Service Tax, Octroi Duty, SEZ(Special Economic Zones), etc. We deliver our experience in matters of taxation laws to ease our client’s business transactions. Khurana & Khurana’s Tax Attorneys and Consultants have vast experience in a diverse range of taxation matters, from complex cross-border transactions, tax exemption qualification, and setting of businesses in SEZs.

Our attorneys regularly appear before Jurisdictional Tax Authorities, Appellate Authorities, High Courts, the Supreme Court of India, and other Tribunals including the Director General of Foreign Trade, Department of Revenue, Central Board of Excise and Customs, etc.

Khurana and Khurana provide Indirect Taxation Advisory services in the following areas:

  • MNCs on Double Taxation Avoidance Treaties (DTAA), Tax holidays available to 100% Export Oriented Units, Special Economic Zones (SEZ), and Foreign Trade Zone (FTZ).
  • Advising the Clients in matters linking to taxation points of commercial transactions, sales, mergers and acquisitions, restructuring, and reconstruction.
  • Advising on Offshore Tax Issues, Customs Procedures, Import and Export duties, Classification, Warehousing, Duty Entitlements, etc.
  • Assisting clients in a wide range of issues relating to GST Tax compliance on various transactions including cross-border transactions.
  • Assisting clients with drafting, reviewing and advising in various taxation documentation relating to joint ventures, mergers, asset purchase agreements, shareholders agreements, and documents relating to financing and employment.
  • Advising foreign companies seeking to import their products in India to determine customs, countervailing, and other duties applicable to their products as per the classes.
  • Advising on Transfer Pricing,  Transfer pricing is now one of the most complex international tax issues affecting multinational enterprises working in India. The regulations are mostly based on the Organization for Economic Co-operation and Development (OECD) Guidelines and define the various transfer pricing methods, and extensive annual transfer pricing documentation requirements, and also contain penal provisions for noncompliance.
  • Advising clients on Advance Tax Rulings in various complex involving NRIs Transactions. The scheme for advance rulings under Income Tax Act is intended to enable non-residents’ investments in India, to be clear of their income tax liability and avoid any tax disputes with the Income Tax authorities in the future. Thus, an advance ruling can be applied by the non-residents to find out the income tax prospectus of a future or a current transaction. Advance ruling can also be used by an Indian resident planning to enter into a business or a transaction with a non-resident to determine the tax liability.
  • Litigations with regard to GST, Central Excise, Customs Law, and Service Tax. Our Consultants and Attorneys have vast expertise in handling litigation pertaining to these erstwhile legislations as well GST laws. We have represented clients at various appellate forums including the Commissioner of Appeals, Customs Excise & Service Tax Appellant Tribunal, etc.
  • Drafting of replies, appeals, petitions, and various other statutory applications under GST and erstwhile acts.
  • Compliances by undertaking comprehensive reviews of business operations to identify tax planning opportunities and compliance gaps.

Our team of experts specializing in indirect taxes possesses extensive expertise and a profound understanding of the subject matter. They are capable of assisting clients in all the aforementioned areas. We offer guidance and support in matters pertaining to advisory and compliance, encompassing various indirect tax regulations such as GST, Customs Duty, and Foreign Trade Policy, as well as handling unresolved tax issues and litigation cases from the previous tax system.

At K&K, our core belief is in driving progress by fulfilling the specific requirements of our clients, thereby making their business activities easier. We achieve this through a methodology that emphasizes continuous learning in every assignment we undertake. Our commitment to ongoing improvement allows us to provide valuable and effective solutions to our clients, ensuring their success and growth in their respective industries.

Practice Contacts

Anubhav Gupta
(Partner – Litigation)

Varun Khurana
(Partner – Advisory)