Tax

Overview

ELP’s market leading Tax practice with its “out of the box” solution providing ability has created a niche for itself. The Tax practice offers comprehensive qualitative services across both indirect and direct taxes (including transfer pricing) covering the entire spectrum of transactional, advisory and litigation work. Our distinctive tax practice seamlessly integrates expertise in both advisory services and litigation, enabling the firm to address and offer redressal in any and all disputes that may arise. ELP has the distinction of having assisted some of the largest global conglomerates on a wide spectrum of matters that encompass not only legal advisory but also in-depth strategic decisions which have had a far reaching impact on domestic as well as cross-border businesses and transactions of these organisations. Our tax team comprising of professionals with diverse expertise, which include not only legal professionals (advocates and solicitors) but also financial and market analysts, chartered accountants and economists who hold multi-jurisdictional qualifications, has achieved this kind of reach and impact with a rather innovative and customised approach.

Additionally, ELP’s team routinely renders litigation services to clients. ELP strategises, assists and represents clients in both adjudication as well as appellate proceedings. We regularly handle cases from the stage of appearing before Assistant or Deputy Commissioners right up-to the Supreme Court on almost every tax issue to have arisen in the country. Our team has the expertise and ability to represent clients at various fora, including the Dispute Resolution Panel, Authority for Advance Rulings and the Supreme Court of India. The combination of advisory and litigation services provided under one roof gives ELP a unique positioning especially in India, where the proportion to tax litigation is significantly higher compared to the other nations.

ELP’s indirect tax expertise has transitioned itself from the entire gamut of taxes including Excise, Customs, Service Tax, Sales Tax/Value Added Tax (VAT), Entertainment Tax, Entry Tax to recently introduced Goods and Services Tax (GST). On GST, ELP has to its credit not just the privilege of having assisted companies with transitioning into GST, but in certain cases hand held the entire industry in the transition process. ELP also advises clients on Foreign Exchange Regulations, Foreign Trade Policy and Export Control and Trade Sanctions. Our wealth of experience includes advising clients across sectors and countries. We have also successfully represented various industry associations before the Ministry of Finance and its functionaries on various issues impeding business operations. We have also been privileged to advise the Government of India on policy initiatives.

 

ELP’s direct tax expertise covers all aspects of international and domestic tax matters including transfer pricing. Our team outlines commercially viable structures and suggests arrangements to clients so as to achieve business objectives in a tax and regulatory efficient manner. We provide cutting edge and novel solutions to issues that emanate at the structuring stage of transactions with the view to providing forward looking tax strategies to our clients.

ELP’s transfer pricing services offer solutions across industries and geographies with the focus on not only a comprehensive analysis but also on assisting clients in planning their transfer price. We are uniquely positioned amongst firms in India due to our added ability to advice on trade and customs including valuation to be adapted under customs. Our team has been trained internationally and is able to provide a broader perspective on matters and transactions to mitigate risks in the future.

With years of unparalleled expertise in the field of Indirect Tax Advisory and Litigation, ELP brings to the table a dedicated and experienced team of professionals comprising of advocates, chartered accountants and economists to provide high quality support, advice and assistance towards a smooth transition into the new GST regime. Our in-depth understanding of this field has led us to collaborate with various large multi-national and Indian clients across diverse sectors, industry associations and trade bodies. Our presence in multiple locations in India and proficiency in the management of multi-jurisdictional tax advisory and litigation matters enables us to provide Pan-India support to clients on GST.

ELP’s integrated and seamless approach, wealth of experience, high-level partner involvement, in-depth knowledge and expertise and comprehensive service offerings pan India have made us one of the most sought after firms for tax within India.

Services

Indirect Tax

  • Tax structuring & optimisation including advice and assistance in relation to all kinds of issues, having implications under GST as also in relation to:
  • Customs Duty
  • State Excise, and State incentive policy
  • Foreign Trade Policy, etc.
  • Export Control and Trade Sanctions
  • Advisory, transaction structuring & support services including analysis of sourcing, procurement and distribution models and advice on best practices to be incorporated in the supply chain from a GST efficiency perspective
  • Due diligence & optimisation study for building tax efficiencies and determining potential tax saving opportunities
  • Assistance for negotiating optimum package of incentives under the State Industrial Policy
  • Comprehensive support for resolving tax issues related to cross border transactions
  • Advice and assistance on policy initiatives & representations before Central and State Government authorities
  • Litigation services – right from assessment level to the highest appellate level, and across all fora and courts including Authority for Advance Ruling, Settlement Commission, up-to the Supreme Court

Direct Tax

International and Domestic Tax Advisory

  • Inbound and outbound structuring;
  • Planning to improve tax efficiency/strategic documentation;
  • Designing an entry strategy (types of presence);
  • Treaty interpretations;
  • Exchange policy and foreign investments;
  • Investment and capital structuring;
  • Structuring of Revenue and/or capital flows – for example dividend, royalty, fees for technical services;
  • Formulating strategy for mitigating risk of PE exposure of foreign corporations;
  • Structuring of infrastructure and Engineering Procurement Construction (EPC) contracts;
  • Domestic Tax Planning;
  • Tax compliance & dispute assistance (litigation support);
  • Levies from POEM and GAAR perspective

Transfer Pricing

  • Transfer pricing study and documentation;
  • Inter-company transfer pricing policies for tangible goods, intangibles and services;
  • Transfer pricing planning Services;
  • Transfer Pricing Litigation;
  • Supply chain advisory;
  • Analysing existing policies to ascertain how these should be streamlined to meet the changing economic environment; and
  • Evaluating the positions taken in past in light of the evolving tax positions

Financial Planning and/or Transaction Advisory

  • M&A Advisory;
  • Promoter off-shoring;
  • Structuring for listing outside of India;
  • Fund structuring and Carry structuring;
  • Internal restructuring, and
  • Transaction process support

Recognitions