GST, Customs, Income Tax, Foreign Trade Policy, Erstwhile indirect taxes, Contract Drafting, FEMA, allied laws. RSA Legal Solutions is an Indian Law firm (based in Gurgaon, near New Delhi) that is specialised in the area of Indian Indirect tax system i.e. Customs, Central Excise, Service Tax, Foreign Trade Policy (FTP), Special Economic Zone (‘SEZ’), Value Added Tax (VAT)/ Central Sales Tax (CST),
Foreign Exchange Management Act etc. We, at RSA cater our clients with varied type of services that includes Advisory, Trade Compliance, Litigation, Legal Audit etc. Advisory
We advise our multinational as well as national clients on most of the legal intricacies involved in setting-up or continuing trade in India on the given legal aspects:
Custom duty structure, procedure and levies on export from or import in India. Ascertain Customs, countervailing and other duties applicable on their products
Anti-Dumping Duty, Safeguard Duty etc. On issues like valuation planning, tariff classification, warehousing, special valuation in respect of the goods imported from related parties etc. Country of origin issues; applications for repayment or remission of duties, waiver or mitigation of penalties; duty suspension; innovative customs management and duty reduction initiatives. Tax exemptions available to 100% Export Oriented Units, Special Economic Zones (SEZ). Export incentives in respect of the goods exported from India like Advance authorization, Vishesh Krishi Gram Udyog Yojana Scheme, Focus Product scheme, Focus Market Scheme, Export Promotion Capital goods Scheme, duty drawback scheme etc. Central Excise or Service tax Law applicable in setting-up a business in India
Issues relating to Service tax on cross-border transactions
Requirement under FEMA for investing in India. Advance Tax Rulings in respect of a Transaction;
Exemption from custom duties in respect of the goods covered by Free Trade Agreements. Trade Compliance
Businesses are facing an increasing number of compliance requirements in the countries in which they operate. There is also rigorous enforcement by the tax authorities. RSA offers efficient, cost-effective customs and global trade compliance services. We regularly advise clients from a wide range of sectors on compliance and relevant procedures. We help businesses manage compliance risk by providing timely and transparent report. This can help improve data integrity and accuracy. Compliance may include Refund of Excise duty, Customs and Service tax, Obtaining FMS, FPS Advance Authorization, EPCG licence, etc. & redemption thereon. Litigation
Indirect tax laws have always been complex and subject matter of interpretation/ litigation. Due to this industries generally receives Show Cause Notices, requiring them to explain the rational for following a particular interpretation or claiming some tax benefits. This, sometimes, culminates into a long drawn litigation. Further, it is always advisable to obtain certain clarifications from tax offices on specified issue if there is a mechanism in place. We, at RSA, assist our clients in better handling of such matters. We also represent our clients before all adjudicating Authorities including CESTAT, Director General of Foreign Trade, Department of Revenue, Central Board of Excise and Customs, Advance Ruling Authority, Settlement Commission for settlement of cases and also provide day-to-day litigation support on notices, summons etc. received from tax authorities and other appropriate authorities
Legal Audit
Indirect tax laws are subject to frequent changes and amendments. At times it is difficult to track these changes and ensure timely implementation. It is a good practice to undertake a regular health check or review (annual or half yearly) by Companies to ensure that no changes or amendments having significant impact are missed altogether. We, at RSA conduct audit for our clients from the perspective of Indirect Taxation. An Indirect tax Diagnostic Review or Health Check is a complete package offered to our clients that helps in examining applicability of indirect taxes, eligibility of tax credits and export benefits (as applicable), reviewing statutory returns/ records and documentation, evaluating tax optimization opportunities, identifying areas of potential tax exposure and inefficiencies, and giving a detailed exception report outlining observations.