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Indirect tax services

Earlier there were several types of Indirect Tax enactments under various Indirect Tax laws:

List of Indirect taxes which are imposed by Central Government.
  • Central Excise Duty
  • Additional Excise Duties,
  • Excise Duty levied under the Medicinal and Toilet Preparations (Excise Duties) Act, 1955,
  • Service Tax,
  • Additional Customs Duty commonly known as Countervailing Duty,
  • Special Additional Duty of Customs also other cesses and surcharges.
List of Indirect Taxes which are imposed by State Government;
  • Value Added Tax,
  • Entertainment Tax,
  • Central Sales Tax (levied by the Centre and collected by the States),
  • Octroi and Entry Tax,
  • Purchase Tax,
  • Luxury Tax, Taxes on lottery, Betting and gambling also other State cess and surcharges.
Later, these Indirect Taxes were subsumed in current tax system called Goods and Service Tax (GST).

GST in India has been implemented from 1.7.2017. With introduction of GST, way of doing business has changed throwing ample opportunities for structured businesses to optimise tax and costs. It has thrown up challenges as well for the business as the law is comparatively new with regular amendments presently at a rapid pace.

A. GST

  • Review of GST Transition
    Transition from existing phase to GST involves substantial challenges. We review the issues in earlier indirect tax systems to ensure that all eligible benefits are carried forward in GST regime including other compliance needs. This would limit the exposure of demands in prior period.
  • Periodical review and GST compliance services
    Periodical review could help the organization to ensure compliance, take benefits of credits, update with changes in rate of taxes et. Broadly, this would cover the following:
    • Review of GST outward supplies, tax rates applied, concessions, exemptions claimed, fulfillment of related conditions, export benefits claimed etc.
    • Review of GST input tax credits claimed to assess eligibility, ineligibility, completeness, documentation for credits, transitional credits carry forward etc.
    • Review of procedural compliances including GST registrations obtained, payment of taxes, filing of returns, disclosure of ITC & outward supplies in returns, movement of goods for job work, carry forward of credits etc.
    • Review of reverse charge compliance by reviewing the expense ledgers on sampling basis, payments made, availment of re-credit after payment, eligibility of such credits, rate and abatements if any claimed including documentation.
  • Advisory and Consultancy services
    • Analysis on the implications of GST for a specific client/industry and optimal solution to client issue.
    • Advisory services to under Goods & Services Taxes, Customs & Foreign Trade Policy (and under erstwhile Central Excise, Service Tax & VAT).
    • Tax Compliant, optimisation advise for start-ups & e-commerce.
    • Strategic consulting especially for long term contracts from Government, PSU's.
    • Transaction structuring including in the areas of real estate-construction and allied areas, ITSS and ITES, e-commerce.
    • Cost control and tax planning including optimisation of taxes leading to least tax incidence within four corners of the law.
    • Maximization of input tax credit for the entities including those which have multiple units, multi-locational companies, many business verticals, SEZ, 100% EOU and DTA units.
    • Vetting the agreements contracts in terms of GST optimisation.
    • Classification of goods/services/tax rates and coverage in exemptions.
    • GST advisory on regular basis
  • Indirect tax legal support
    • Legal support in reply to department Audit objects, Show Cause Notice (SCN) and appal and representation up to Tribunal Disputes arising during Audit/ investigation by the department is the primary cause for the litigation. Litigation could be avoided if the same was addressed properly at this stage.
    • Professionals of Hemanth Kumar B And Associates can solve the litigations of earlier Service tax, Excise duty and current tax regime of GST in diversified manner until disposal of matter and helps taxpayers by handling the disputed matters before authorities and CESTAT
    • Applying for Advance Ruling
      Since the GST being a new law, there are more possibilities of divergent views. One way to avoid the future litigation is to take a ruling/decision from the Advance Ruling. We advise and assist client in preparation and filing of an application and also representation before the Authority for Advance Ruling (AAR) and Appellate Authority for advance Ruling (AAAR).
    • Assistance in filing appeal and representation before High Court & Supreme Court
      We fill the gap between the counsel and the client. We have association with leading lawyers who can take up the matter before High Court and Supreme Court.

B. CUSTOMS & FOREIGN TRADE POLICY (FTP)

  • Health check / Diagnostic review under Customs and FTP
  • Advisory services under Customs and FTP
  • Assistance in Special Valuation Branch (SVB) proceedings
  • Assistance in obtaining Authorized Economic Operator (AEO) status
  • Assistance in evaluating the incentives and advising the client in obtaining the incentives under Foreign Trade Policy (FTP) including
  • SEIS, MEIS, EPCG, Advance Authorization and TMA
  • Assistance in filing of applications and liasioning with the authorities for obtaining the licenses.
  • Assistance in filing of redemption of licenses and obtaining Export Obligation Discharge Certificate (EODC)
  • Assistance in sale of scrips

C. SEZ STPI AND EOU SERVICES

  • Advisory services include evaluating the benefits for setting up SEZ unit, tax optimization and Exit from SEZ unit
  • Compliance services includes preparation and filing of monthly returns with SEZ authorities and liaison with SEZ authorities.
  • Liaison and represent with EOU /STPI authorities for obtaining approvals for setting up and exit of EOU / STPI.
  • Advisory services include evaluating the benefits for setting up EOU / STPI unit, tax optimization and Exit from EOU / STPI
  • Compliances includes obtaining registration, letter of approval / permission, preparation and filing of MPR, QPR, APR, SERF (including Non-STPI compliances)
  • Liaison and represent with EOU /STPI authorities for obtaining approvals for setting up and exit of EOU / STPI.
 
 
 
     
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