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Direct Taxes

Corporate and tax law advise go hand in hand.  We at Majmudar & Partners realise this and keep abreast with the latest tax developments.  In order to maximise the profits for an overseas investor, it is necessary to ascertain the advantages available under double taxation avoidance treaties that India has with various countries.  Mauritius is a very popular destination to incorporate a company investing into India.  However, other alternatives such as Cyprus and the U.A.E. should also be considered.  Many a times it is more effective not to route investments through a tax haven.

Indian income tax laws provide tax holidays to, among others, 100% Export Oriented Units. Case law pertaining to permanent establishments and their treatment should be taken into account before setting up the corporate structure.

Majmudar & Partners advises on offshore and onshore tax structuring. Where required, we work in association with accountants and other tax professionals.

Indirect Taxes

Sales Tax and Works Contract Tax

Sales tax is applicable to all movable goods sold, either within the country or within a particular State.  Foreign investors manufacturing and selling goods in India should thoroughly understand the application of sales tax.  Moreover, companies engaged in turnkey projects should take care to avoid the levy of works contract tax, which can be very high.  Majmudar & Partners advises on all these issues.

Customs Act

Majmudar & Partners has a team of experts assisting it in the area of customs law.  Foreign companies seeking to distribute their products in India must ascertain the customs, countervailing and other duties applicable to their products. In line with the World Trade Organisation’s directive to reduce tariffs the Indian Government is reducing duties in a phased manner.  We are abreast with the latest changes in this area.

Central Excise

Under the Central Excise and Salt Act, 1944, excise duty is levied on all manufactured goods before they leave the factory premises. Manufacturers must acquaint themselves with the salient features of excise law and exemptions available there under. We ensure that foreign investors gain all indirect tax credits available to them under Indian law. We also advise on the applicability of service tax to professional firms and individuals, which falls with the purview of the central excise laws.
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