What is Tax Litigation?

Under the judicial system of India, Tax Litigation takes a very long time. At present, tax litigation in India takes two decades time to come to a conclusion and make a final decision. With the increasing aggression of the tax authorities, the cases that are appearing before the court are exceeding. There are many cases of tax litigation cases that are still pending at various forums. These cases are related to multinationals.
Tax Litigation mainly occurs in the areas given below:

  • In the matters of partnership and individual
  • In the case of non profit making business organisations or Charitable ones
  • Transactions of Cross border that occurs on permanent establishment and ascription
  • Matters related to withholding of tax
  • Restructuring of Corporate
  • Liability of tax in case of Royalty income
  • Issues related to Valuation under the Customs Act,1962

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Types of Tax Litigation Controversies

Tax Controversy

In the practice of settling tax conflicts with provincial, federal, local and international tax authorities, tax litigation and disputes abound. A tax dispute can include a business (either for-profit or non-profit), a trust, an estate, or an individual, and may arise from any other type of tax, including income tax, estate tax and gift tax, state sales and utility taxes, or property taxes. Generally, tax disputes are divided into civil and criminal matters.

Civil Tax Controversies

Tax-focused lawyers can assist the taxpayer in a public matter by providing expertise in applicable tax laws, dealing with financial agents, developing audit strategies, and following administrative or judicial complaints. While litigation is often a last resort for many taxpayers, an experienced attorney can provide competent representation in court proceedings. A tax attorney can play a key role in resolving a tax dispute or simply act as a tax advisor or his or her accountant. In addition, the attorney can assist the taxpayer in the planning process to avoid future disputes.
Public tax matters usually begin with inspections, inspections, and recruitment activities for the tax authorities. Alternatively, a dispute can be initiated by a taxpayer seeking a refund. At the state level, resolving a civil tax dispute may require negotiations with the IRS, a written complaint, and negotiations with the Office of Appeal, or, in the case of a U.S. Supreme Court, Regional Court, or State Claims Court. After a lawsuit is filed in a lower court, the taxpayer may have the right to appeal to the appellate courts. The same procedure is found in resolving civil tax disputes at state and local levels. An international tax attorney can assist the taxpayer in resolving disputes with the tax authorities in certain foreign territories or involving issues arising from international sales, including advanced decision-making applications for tax and security protection guarantees, applications by competent authorities to settle contractual issues, tariff negotiations and price reductions. use voluntary disclosure plans to prevent or reduce tax penalties.

Criminal Tax Controversies

Criminal tax cases involve taxpayers who allegedly evade taxes or deliberately violate tax laws. Taxpayers can assist those taxpayers by representing them during a criminal investigation by the IRS, the Department of Justice, or state tax authorities, and by criminal trials, courts and appeals. We have stood up and argued cases on behalf of our clients in matters related to state tax. These issues include rentals, sales and use tax, documentary stamp taxes on conveyances, corporate income tax, financing of real property and intangible personal property taxes.

Why choose our Tax Litigation?

We assist clients in making decisions by providing a detailed and detailed analysis of potential disputes and liabilities. Before starting the litigation process, we help clients evaluate the costs and benefits of the action to be taken.

We advise clients in the critical phase of tax management and to reach an agreement with tax authorities, using appropriate dispute resolution procedures.

We protect our clients in the presence of Tax Commissions, focusing primarily on excellence and consent. We explore other possible alternatives and determine the best way to prosecute, including its impact on subsequent financial periods, decisions already made, and any aspects of crime. Our in-depth knowledge of collection processes enables us to focus on managing the financial aspects of these disputes.

We also represent our clients before the Supreme Court and the Court of Justice.

Types of Tax Evasion that are Illegal or a Criminal act

The human mind is sharp enough to find loopholes in any system. It uses these loopholes to find their way to escape from some rules. Some examples of tax evasion and various other offences that comes under criminal tax are:

Package Accounts Payable Services

Tracking a Complicate, Emerging Risk

Against a fall of enlarged public and governmental discourse on avoidance of tax and rapidly rising and dynamic rules and requirements of compliance, corporations face greater review of their practices in connection with tax planning and a growing risk of involvement in tax controversy. Authorization of law counsel to strategy is imperative for relieving the influence of tax disputes.

Our clients benefit from our considerable experience in proactively managing and resolving audit and appeal disputes with the CRA, as well as our in-depth knowledge of the Income Tax Act and the CRA’s decision-making processes. Although we work with clients to avoid going to court wherever possible, in some of the most important tax litigation cases, litigators have successfully represented clients. We have served as counsel before the Supreme Court in landmark and dynamic tax cases of national significance involving broad groups of taxpayers. To our customers, our strategic focus and the scope and breadth of our expertise are invaluable. In our industry-leading civil litigation department and in our sophisticated litigation support team, our clients often benefit from the expertise and judgment of lawyers. We are at the leading edge of the market who give the best advice to our clients on the full range of tax issues. These tax issues involve the following things:

Services that We offer

Assessments of Tax

A process in which the taxpayer shows his income to determine the amount of tax to be paid on that income is called Tax Assessment.

Levying of Penalties

Starting of proceedings of prosecution.

The occurrence of civil tax disputes related to the decisions of the Assessing Officers and Transfer Pricing Officers.

Following are the process for assessment of tax:

Goods and Service Tax Law

It is one of the parts of legislation. It regulates and controls civil tax litigation.

The main rules and regulations on the Goods & Service Tax Law are as follows:

Procedure to Tax Litigation

The procedure of tax litigation takes a lot of time as well as tiresome, but it is a fact that it demands answers to many unanswered questions. The Tax Litigation Manager is the only person that can perform this function very well. It performs functions like capturing the various aspects of tax disputes. It also ensures that the figures are a reference and captured.

Highlights of the tax litigation tool:

Our Service

Our practice has virtually tackled almost all type of cases and controversy of federal tax, before state, courts, and federal administrative agencies. We provide the best kind of service to the clients according to their case. The matter is studied in detail and then the experienced members take decisions for further steps. The members of our team are specialized in their work. Many of the clients still approach because of our quality of service for litigation of tax.

Our team will give you full support and guidance throughout the process.

The members of our tax controversy team are commercial litigators. They deal with cases for individuals, corporate, and trust.

The cases include:

We have stood up and argued cases on behalf of our clients in matters related to state tax. These issues include rentals, sales and use tax, documentary stamp taxes on conveyances, corporate income tax, financing of real property and intangible personal property taxes.

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Frequently Asked Questions

Tax litigation under the judicial system of India is so much time taking that it consumes years to come to a final conclusion. The governing and quasi-judicial appellate authorities, that functions as fact-finding bodies under the Income Tax Act 1961, Customs Act 1962, Central Excise Act 1944 and lastly Good & Service Tax Law.

The given parts of legislation regulate and control Civil tax litigation:
• Income Tax Act 1961.
• Double taxation avoidance agreements.
• The Constitution of India 1950.
• Income Tax Rules 1962.
• Income Tax (Appellate Tribunal) Rules 1963.
• Authority for Advance Rulings (Procedure) Rules 1993.
• Income Tax Settlement Commission (Procedure) Rules 1997.
• Good & Service Tax Law.
• Income Tax Settlement Commission (Procedure) Rules 1997.
• Income Tax (Dispute Resolution Panel) Rules 2009.
• Black Money and Imposition of Tax Act 2015
• Benami Transactions (Prohibition) Amendment Act 2016
• Customs Act 1962.
• Code of Civil Procedure 1908.
• Central Excise Act 1944.
• Code of Criminal Procedure 1973.
• Income Tax Rules 1962.
• Finance Act 1994 (Service Tax).
• State-level value added tax, entry tax, sales tax, advertisement tax and luxury tax legislation.

Evasion of tax is considered to be a criminal offence. There is a thin line of difference between tax avoidance and tax evasion that could be judged from the facts of the case. Evasion of tax is illegal as per the Indian law and is prosecuted in an active manner.

The persons as well as the income tax authority that can administer the civil tax laws are as follows:
• Principal Commissioners of Income Tax.
• Central Board of Direct Taxes.
• Commissioners of Income Tax.
• Principal Chief Commissioners of Income Tax.
• Chief Commissioners of Income Tax.
• Additional / Deputy / Joint / Assistant Commissioners of Income Tax.
• Commissioners of Income Tax.


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