Direct Taxes

Tax Advisory, Compliances and Litigation

Tax Advisory

With frequent changes and complexity in Indian tax laws and also tax laws around the world, tax issues are at times very challenging and becomes part of public debate. Proper tax policies and positions in compliance with law is must for businesses as well as individuals, to ensure that they remain tax compliant and avoid long drawn and costly tax litigation.

It is essential to ensure that the tax policies are designed and customized in compliance with the applicable tax legislations. This requires going beyond the specific tax or regulatory issue to understand the underlying business transactions and then applying an understanding of the tax and regulatory framework, to find a solution that works.

We offer strategy tax advisory services to businesses, organizations and individuals including entry strategy, holding company analysis and capitalization, tax incentives, cash repatriation and structuring of sale/exit.

Tax Compliance

Tax Compliance is an integral part of businesses, organisations & individuals. Effective information availability / exchange mechanism developed in recent past requires that tax compliances are properly adhered to in a timely manner, to avoid delays and consequential interest, penalties etc.

ADDCO can assist in all aspects of compliances including filing of annual tax return, advising on withholding tax obligations on payments to residents and non-residents, providing corporate tax litigation assistance including representation services and other compliances i.e. tax registrations, obtaining withholding tax certificates, certification etc.

Tax Legislation

Tax disputes and controversies are inevitable in today’s business world. Tax litigation is traditional way of resolving tax disputes which is becoming increasingly very costly. With extensive use of information technology and digitisation of tax department, the traditional tax litigation is undergoing changes and would require better tax disputes and controversies management approach.

We at ADDCO assists in the tax disputes resolution and tax controversies management including alternative dispute resolution mechanisms.

International Taxation and Non-Resident Taxation

The professionals at ADDCO can assist in following range of services including:

• tax planning for Foreign Companies and Non-resident Indians desirous of setting up business in India and Indian Companies and residents setting up business outside India;
• advising on the applicability of withholding taxes and providing certification services for outward remittances;
• preparation and filing of tax returns in India and other procedural compliances etc;
• expatriate taxation;
• updating the clients on the developments in the direct taxes ;
• evolving tax strategies and structures keeping in view the domestic law and Double tax Avoidance Agreements entered into by India with various countries.

Transfer Pricing

We assist businesses in undertaking TP Studies and suggest documentation required, recommendation of appropriate TP Strategies, review of the specified domestic transactions, issuing of Accountant’s report in Form 3CEB and related advice on minimising TP adjustments.

We also advise/assist in representations relating to TP disputes, preparation of MAP applications and their representation and also assist in issues arising out of BEPS Actions and their recommendations.

Corporate Laws

We assist in complying with various formalities under company law as well as under partnership laws. Our range of services includes (a) Company incorporation formalities including name approval, drafting of Memorandum & Articles of Association; (b) Incorporation of Limited Liability Partnerships, partnership firms, restructuring of LLPs and partnership firms pursuant to admission/retirement/death of partner, dissolution of LLP/partnership firm and drafting of documents in connection thereto; (c) conversion of company in LLP; and (d) Company secretarial services such as drafting of minutes, registration of charges, filing of returns, annual accounts and other documents with the Ministry of Corporate Affairs.

Exchange Control Regulations

Businesses in India need to be abreast with different regulations and the respective regulators like DIPP, FIPB, RBI, SEBI etc. There are several regulatory aspects that need to be looked into while endeavoring to enter/expand in the Indian markets. Accordingly, understanding the regulatory aspect, approvals and compliances etc. are critical part of strategic planning including inbound & outbound investments, exchange regulations, securities market regulations. A thorough understanding of the regulatory environment, the approvals required and the compliances under this framework is a critical aspect of doing business in India.

ADDCO assists in the setting up of business, obtaining approvals from various regulatory authorities and providing solutions to complex regulatory challenges.

Mergers & Acquisitions [M&A]

India has come a long way from being an investee to also being an investor and partner in the global economy. Acquisition and Consolidation are not restricted to large enterprises only but the small and medium sector is increasingly using this tool to access global markets. It involves a host of legislations and regulations including stamp duty, corporate taxes, exchange control regulations, financial regulations, Indian accounting standards etc. We at ADDCO assist in providing end to end solutions for domestic and cross border transactions including merger, demerger, joint ventures, corporate structuring etc.

Due Diligence

With the mergers, acquisition, private equity participations etc. the businesses need to be compliant with all applicable laws & regulations. Due diligence assists the investor/investee to identify the potential non-compliances and a financial health check-up faced by the businesses. The professionals at ADDCO have experience of carrying out a holistic Buyers/Sellers Due Diligence or a Limited Tax Due Diligence, Corporate Due Diligence etc. as per the requirement of the clients.

Audit & Assurance

ADDCO provides assurance services to its clients in India. Our audit methodology is comparable to internationally prevalent and adopted methodologies and our audit procedures are customised considering the size and nature of business of the client and to meet the regulatory requirements. Regular training provided to our team, on audit methodologies and regulatory requirements, helps us to provide quality audit services.

Our assurance professionals have the breadth of experience that comes from auditing large, medium and small scale industries. We at ADDCO, conduct audits as per the requirements of the Companies Act, 2013 and Tax audit as per the requirements of the Income-tax Act, 1961.

Management Audit & Risk Assessment

With the requirements of the Companies Act, 2013 and the global pressures, focus on corporate governance has increased and the need for putting in place an effective system of internal controls and risk management processes, can no longer be ignored. The independent directors, key management personnel and stakeholders are now demanding that internal auditors play a larger role not only in terms of ensuring adequate internal controls and systems in place but in also guiding them on all facets of enterprise risks, be it business risks, operational risks, financial risks, system risks etc.

ADDCO assists in conducting risk management and internal audits on behalf of the management with the objective of enhancing internal systems and controls and helping organizations to better cope with risks in the rapidly changing business environment and the regulatory requirements.

Indirect Taxes

The indirect taxes in India are Custom Duty, Central Excise Duty, Central Sales Tax, Value Added Tax and Service Tax. All the strategic planning on doing business in India is linked with the various indirect taxes applicable to products and services. This is essential to understand the impact on product costs, cash flow, profitability and pricing of the products etc. The proposed GST regime will replace the existing State and Central taxes on goods and services under one umbrella. This shift will affect the businesses and it will be required to re-invent the wheel in terms of optimisation of taxes. We offer assistance in terms of advising on applicability of various indirect taxes and related compliance thereon including determination of applicable taxes and availability of tax benefits / exemptions, review of contracts, advising on tax optimal structures for contracts etc.