The multi-layered indirect tax levied both at the Central and State level in India is extremely complex and dynamic. Further, frequent changes in the legislation/ judicial pronouncements and the proposed change towards Goods and Services Tax (GST) regime make the analysis of a business structure from an indirect tax perspective all the more imperative. We provide assistance in identifying risk areas and sustainable planning opportunities for indirect taxes throughout the tax life cycle, helping clients meet compliance obligations and business goals around the world.
We, at GST Expertise, have dedicated team of experts providing multidimensional professional services in various Indirect Tax Laws. Our team gives you the perspective and support to manage indirect taxes more effectively and efficiently.
Our PAN India integrated teams give you the perspective and support you need to manage indirect taxes effectively. We provide you with effective processes to help improve your day-to-day reporting for indirect tax, reducing attribution errors, reducing costs, ensuring regular compliance and ensuring indirect taxes are handled correctly.
At GST Expertise, we have dedicated team of experts and proper infrastructure facilities to provide one stop solutions to comply with VAT law across the country which has following vantage for the client:
- Single Point of contact
- Consistent tax positions in various states
- Technical and industry experience, backed by sophisticated infrastructure and skilled professionals
- Control on the Compliances
- Tracker for the status of the Compliance/litigations
- Liasioning with the local authorities
- Manpower/Consultant cost saving
- Quality service with prompt and timely support
Our indirect tax professionals have wide-ranging experience and in-depth knowledge of the various indirect taxes such as Value Added Tax /Central Sales Tax, service tax, excise duty, entry tax and other indirect taxes. Our indirect tax service (apart from GST) include the following
We can support the companies
- Companies having pan India operations, specifically those with decentralized tax functions.
- Companies that have had a change in its people handling tax functions.
- Organizations that have been taken over by another entity.
- Companies with new CFOs.
- Organization having limited indirect tax resources.
- Entities that rely on local consultants, CFAs and local staff for compliance.
- Organization with pending tax disputes.
We at GSTExpertise focus on one Moto ‘We do our business so that you can do your business rather than handling day to day taxation work’
1. ADVISORY AND CONSULTANCY
Indirect Tax in India is coming with the frequent changes and modifications which need to be adopted by business immediately. It requires assistance of professionals who can analyses the impacts of those changes on the business and may assist on their proper implementation. We provides legal opinions and consultancy on Indirect Tax laws which helps you to implement best practices in your business. It also reduces possibility of confrontation with the revenue authorities on taxation and compliance issues.
Routine Advisory – We at GSTExpertise assist in advising tax implications on day –to-day operations as well as implications on specific business activities /transactions;
Transaction Structuring – We at GSTExpertise structure the transaction model to ensure the most tax efficient structure to achieve a given business objective and advising the optimum opinion. Start up and expansion of business requires planning and structuring of transactions to optimise overall Indirect Tax incidence. Proper planning assists in reducing compliance cost and overall tax burden. Our experts with their wide experience and in-depth knowledge provide assistance in identifying potential risk areas and sustainable planning opportunities in the overall business scenario.We offer strategic consultancy involving structuring of transactions, designing of contracts and review of documentations. We also assist in designing overall system and preparing Standard Operating Procedures (SOPs) incorporating implications arising under various Indirect Tax laws.
Impact of the Foreign Trade Policy – Analysis of applicability of schemes in the Foreign Trade Policy and benefits of setting up of EOUs, STP units or SEZ units, etc;
Advisory to E commerce Companies- AT GSTExpertise, we provide end to end solutions to the E commerce from the Company Registration under various Indirect Tax Law statues to handling Compliances which plays in the smooth running of the Company.
Product Classification- Our Team is assisting the client in classifying the product under the Customs Law/Excise /VAT Law/ Entry tax/luxury Tax to determine the rate for the payment of the Duty.
Customs-The rate of customs duty applied to imported and exported products depends on its classification under the Customs tariff Act. (CTA) In the case of exports from India, duty is levied only on a very limited list of goods. The Customs Tarif is aligned with the internationally recognized Harmonized Commodity Description and Coding System of TarifNomen cloture promulgated by the World Customs Organization.
Excise -Entry tax is levied on the entry of specified goods into a state for use, consumption or sale therein. The entry tax rates vary from state to state and are applicable only on specified goods.
VAT- The VAT rate ranges from nil to 30 percent across different states and is also dependent upon the nature of the goods.
Entry Tax/Local Body taxes- Entry tax is levied on the entry of specified goods into a state for use, consumption or sale therein. The entry tax rates vary from state to state and are applicable only on specified goods.
Applicability of the Indirect Tax Compliances – We at GSTExpertise help in identifying the list of the compliances which are applicable under the State VAT Laws/Entry Tax Law/Professional Tax/Central Excise/Service Tax etc.
Foreign Trade Agreements – Preferential/concessional rates of customs duty are available under the various bilateral and multilateral trade agreements entered into by India. Customs duty is levied on the transaction value of the imported or exported goods. We at GSTExpertise assist the company in identifying the benefits available under the Customs law to import the goods at concessional rate of the tax by looking out appropriate foreign trade agreements with different countries.
2. Compliance outsourcing and other business support
In India, some of the significant indirect taxes are Custom Duty, Central Excise Duty, Central Sales Tax, Service Tax (at the Federal level), and Value Added Tax and Entry Taxes (at the State level). AT GST Expertise, we offer the companies to completely outsource their entire Indirect Tax department to ensure compliance of all statutory obligations. We will ensure that all statutory obligations are discharged within due dates. It results in reducing attribution errors, reducing costs and ensuring indirect taxes are handled correctly. You will be from your worries to comply with different indirect tax laws.
Registration- Obtaining Registration under Central Excise/Service Tax/VAT/DGFT /Export promotion council/professional Tax/Trade License on PAN India basis.
Payment of the Taxes- We assist our clients in the payment of the monthly taxes under the applicable statue.
Return Filing – VAT/sales tax in India is state level tax which is different in all the states. it is very difficult for a business man to learn and keep track of all statues laws make it very difficult for multi location company to comply with in time bound manner with optimum utilizations of available benefits. We have dedicated team of experts and proper infrastructure facilities to provide one stop solutions to comply with VAT law across the country. AT GST Expertise, our team assist you in reviewing the monthly computation and then assistance in filing of the Central Excise/Service Tax/VAT returns on monthly/quartery /half yearly and yearly on PAN India basis.
STPI/SEZ/FTWZ Compliances – we at GSTExpertise team assist you in filing the returns which are required to be filed before the respective authorities.
Returns – Filing of the monthly Progress reports/annual Progress reports/ and other compliances required to be adhered under the service tax laws
Assistance in obtaining the Exemption– As per the Service Tax Notification, services received by SEZ unit and developer are exempted from the payment of the Service tax. We are GST expertise team assist you in obtaining the exemption certificate from the service tax and specified officer of the SEZ for the authorized list of the services.
Waybill – For the movement of the goods within and outside the states, every state has its statutory compliance which need to be done in the form of online/offline generation of the appropriate Waybill before the entry of the goods. We at GSTExpertise provide 24*7 waybill generation facility to the company so that no shipments can be delayed of the clients on account of the delay in the generation of the same.
Handling Assessments – We at GSTExpertise provides assist the company in assessment proceedings before the VAT authorities /entry tax/Service Tax/Excise.
It has been long term pursued policy of government of India not to export domestic tax along with export goods and to make such goods competitive in the foreign market. It can be done in many was i.e. exemption from duty payment, refund/rebate of excise duty, refund of service tax, refund of Value Added Tax and may other benefits under Foreign Trade Policy. Under exemption scheme, the exporter is not required to pay tax ab-initio. In case of refund, tax paid at different stages is paid back by government in the form of refund. There are different manner in which refund under indirect tax may be claimed. These are discussed below:
- Refund of Central Excise Duty under section 11B of Central Excise Act
- Rebate of duty paid on goods exported under Rule 18 of Central Excise Rule
- Rebate of duty on inputs used in the manufacture of exported goods under Rule 18 of Central Excise Rule
- Refund of Cenvat credit for export under Rule 5 of Cenvat Credit Rules, 2004
- Refund of duty /interest under section 27 of the Customs Act
- Refund of 4% SAD
- Service Tax Refund in respect of the services used in
- Refund of service tax to SEZ unit
- Refund of Cenvat Credit for export of services under Rule 5 of Cenvat Credit Rules, 2004
- Refund of service tax under section 11B of Central Excise Act
- Refund under VAT laws
There are continuous changes in the manner of claiming above benefits as the government frequently amends the law by issuing new notifications/amending existing notifications for refund etc. We have observed that it is very difficult for small and medium scale enterprises especially located in the remote area of the country to understand above benefits, keep track of changes happening therein and ultimately succeeding in getting refund/rebate. We provide end to end solution in claiming of refund/rebate or any other benefits admissible under Indirect Tax law. We assist in evaluating the most suitable benefits, preparation of documentations; filing the claim, follow up with tax authorities and further legal support in case refund claims are denied. We make sure you are not deprived of any legitimate benefits available to you under indirect tax law.
4. Foreign Trade Policy
What is the Meaning of the Foreign Trade Policy
Foreign Trade Policy (FTP) is regulated by the Government of India by way of the Foreign Trade (Development & Regulation) Act, 1992. This Act is concerned with the development and regulation of foreign trade by facilitating imports into and augmenting exports from India. FTP is a set of guidelines and instructions formulated by Central Government covering a period of 5 years. The latest FTP has been issued covering period 2015-2020. Following schemes are mainly covered in the policy of 2015-2020.
Exports from India Schemes
Merchandise Exports from India Scheme (MEIS)
Merchandise Exports from India Scheme (MEIS) under Foreign Trade Policy of India (FTP 2015-20) is one of the two schemes introduced in Foreign Trade Policy of India 2015-20, as a part of Exports from India Scheme. (The other scheme is SEIS, Service Exports from India Scheme).
The Government of India has brought in the Merchandise Exports Incentive Scheme (MEIS), replacing five other similar incentive schemes present in the earlier Foreign Trade Policy 2009-14. The schemes that have been replaced by the MEIS scheme include:
- Focus Product Scheme (FPS)
- Focus Market Scheme (FMS)
- Market Linked Focus Product Scheme (MLFPS)
- Infrastructure incentive scheme
Vishesh Krishi Gramin Upaj Yojna (VKGUY)
As per the present FTP, the MEIS scheme does not aim to merely replace these five schemes but also aims to rationalize the incentives and enlarges their scopes by removing various restrictions.
Service Exports from India scheme
SEIS, Services Exports from India Scheme under Foreign Trade Policy of India 2015-20 is a modification of SEIS, Served from India Scheme under Foreign Trade Policy 2009-14.
SEIS scheme is introduced under Foreign Trade Policy 2015-20 to encourage export of notified Services from India.
The rate of SEIS scheme under Foreign Trade Policy 2015-20 is based on net foreign exchange earned on services. The reward issued as duty credit scrip can be used for:
- Payment of Customs Duties for import of inputs or goods, except items listed in Appendix 3A.
- Payment of excise duties on domestic procurement of inputs or goods, including capital goods as per DoR notification.
- Payment of service tax on procurement of services as per DoR notification.
- Payment of Customs Duty and fee as per paragraph 3.18 of this Policy.
We at GSTExpertise team provides the following services in respect of the same
- Review the goods and services which are exported by the company with regard to the eligibility of the same with the Scheme
- In case of eligibility, then register the Company with the DGFT
- Compute the data for the purpose of filing the refund before the DGFT authorities
- Follow up with the authorities for the processing of the refund under the MEIS and SEIS scheme.
- Obtaining the refund order from the authorities.
- In case any negative order, then filing the representation before the higher appellate forum.
5. Representation Services
All tax laws are bound to have uncertainties and possibility of multiple interpretations. These differences may ultimately result into disagreement between taxpayer and department leading to rising of litigation. Handling litigation requires proficiency in subject and experience in dealing with authorities at various levels. We have been able to establish our credibility in handling litigation through ethical practice. Our area of practice in litigation handling is below:
- Representation before the Finance Ministry
GSTExpertise Team is actively engaged in assisting industry and trade association to take up their case before governmental authorities to address the issue affecting members at large. We have motto of making indirect tax law simple in India and have been very actively engaged in making representation to government, CBEC, TRU and tax authorities to achieve this objective.
- Reply of the Department Notices/objections
AT GSTExpertise, we understand that most of the litigation end at the adjudication level. So our team focuses on filing the reply to the notices issued by the authorities
Preparing replies / responses to show cause notices, issues raised under EA Audit, routine enquiry letters, assistance in preparation / filing of application for determination of disputed questions (DDQ), assessment proceedings as well as assistance in summons proceedings
In respect of the litigation side, our services include drafting, filing and arguing appeals before various appellate authorities and assistance in filing writ petitions and briefing counsel for hearings before Tribunal, High Courts and the Supreme Court.
- Reply of the Show Cause Notices
We at GSTExpertise aims to close the litigations based on the merits of the case. For the same, we have experienced team of chartered accountants having in depth experience in drafting the replies and handling the Show cause notices.
Filing appeal before the Commissioner Appeal/CESTAT/VAT Tribunal
Matter escalated beyond notice stage needs filing of appeal before quasi judicial or judicial authorities. These could be commissioner (appeals), Tribunal, revisionary authority, or before similar other authorities. Our litigation team understands the matter; prepare & file appeals considering the legal and factual aspects and represent the matter during hearing before authorities.
Assistance in representation before the High Court and Supreme Court
The firm has team of able professionals who can assist attorney in representing the case before High Court and Supreme Court. We fill the gap between the counsel and client. We also have association with leading lawyers who can take up the case before higher courts.
- Obtaining the Determination Order from the VAT Authorities
- Alternative Dispute Resolution
In addition to traditional ways of handling litigation, the law has developed certain alternative dispute resolution mechanism which could be handy in many cases. These may be settlement commission, authority for advance ruling, arbitration etc. Each of these authorities could be approached under special circumstances, on fulfilment of certain conditions. We explore the possibility of such options, evaluate the feasibility in a given case and if find proper, represent the case before these authorities. The objective is to resolve the exposure to litigation by adopting best possible legal course of action.
6. Indirect Tax Review & Audit
Review of company’s data for a sample period from an indirect tax perspective to identify gaps in compliance / exposures, if any, and identify avenues for indirect tax savings, if any. The review is required to identify the list of the following
- Areas of non-compliances, if any;
- Areas of possible tax exposures, if any;
- Areas of possible savings, if any.
We also, assist in implementing the recommendations/closing the gaps
At GSTExpertise, we handle Diagnostic reviews / health checks ,Due diligence, determination of applicable taxes and availability of tax benefits / exemptions, review of contracts, advising on tax optimal structures for contracts,
We also provide Hand holding Support in the Service tax audit/Excise audit/VAT audit.