TAXATION

MVKini is pre-eminent in taxation law, specialising in both direct and indirect taxation. The firm has deep experience advising on tax efficient structures, supporting clients on their tax compliance issues as well as defending clients’ interests before various tax authorities, tribunals and courts including all State High Courts and the Supreme Court of India. The team maintains complete transparency and the upmost of integrity in upholding the firm’s high ethical standards.

The tax team practice head is Dr. Shrikant Kamat. Shrikant holds a Doctorate in Customs & WTO Law, a LL.M in Business Law and an MBA in Finance all from the University of Mumbai.

The tax teams across Mumbai, Bangalore, Delhi & Pune include experienced lawyers and chartered accountants well versed with all the tax issues faced by corporates during the normal course of business. All are experienced to advise on the best way to mitigate risks and resolve any issues.


Key practice areas
Tax and International Trade
The firm provides corporate tax due diligence, reviewing the effectiveness of a company’s tax position and advising on appropriate steps where there are gaps. MVKini regularly gives an opinion on a company’s tax position;

The firm is highly experienced advising on potential tax liability implications. It regularly advises on the terms and structure of supply and services contracts. The team will prepare customs and excise refund claims and support in any connected litigation;

MVKini has substantial experience when working with clients who are negotiating within a Free Trade Agreement (FTA). The firm is adept at evaluating multiple FTAs, judging suitability for a client’s Indian operations. This includes analysing the rules of origin, among other often-onerous conditions and certifications, imposed on imports/exports under various FTAs. The firm also advises on effective customs duty rates for goods imported under various FTAs.


Litigation Support
MVKini’s litigation team gives swift assistance to draft replies to various cause notices, appeals and writ petitions before the whole gamut of assessing officers, authorities, commissioners, and the various judicial authorities and courts. The firm assisted client with regard to antidumping and safeguard duties.

Senior members of the tax team appear in various High Courts and Tax Tribunals across successfully handling complex tax litigation.


Representation Services
The tax team skilfully represents its clients before various authorities and commissioners on multi-dimensional issues that impact the client’s business. Highly experienced personnel represent clients before the Board of Approval, or Unit Approval Committee for Special Economic Zones, Export Oriented Units and STPI Units.

The firm also takes part in various debates regarding which goods and services should be included under a proposed, or subsisting, FTA.


Transfer Pricing (TP)
MVKini offers its legal opinion on specific issues related to transactions with associated enterprises (AE). The team adeptly highlights the possible risks associated with that contract, taking its entire structure in to account. The team prepares incisive support documentation for TP assessments and the review of contracts executed, or likely to be executed, with AEs to highlight any potential TP risk.

Litigation Support
The firm’s litigation team gives clients a turnkey service to obtain advance rulings. It advises clients and supports them during disputes at AO level for TP Assessments and at ITAT level and various High Courts in India.


Key transactions
Highlights of MVKini’s taxation experience includes:

The team has numerous reported judgments to its credit, including the rulings of various tribunal benches across India. It has successfully secured refunds and rebates for large Indian companies and MNCs.

Some of the companies that the tax team has worked with include:
Automotive: Audi AG, Volkswagen AG, Skoda Auto & Mahindra & Mahindra
Aviation: Air India, IATA, Qatar Airways
Banking & Finance: Most of the large PSU Banks
Chemicals: 3M India, Dow Chemicals, Lanxess Chemicals, Rohm & Haas
Consumer Goods: General Mills, Diageo India, Panasonic, Anchor and Durian.
Education : Tata Interactive
Healthcare: Biersdorf AG, BSN Medical
IT & ITES : Lenovo Systems, HCL Technology, Geometric
Retail : Heritage Retail, Hypercity
EPC: Technimont ICB, ETA Engg, Voltas, Petron Engg, Swastik Lloyds
Media : Shree Ashtavinayak Cinevision
Real Estate: Prithvi Builders, Maxus Malls


Key People
Vidisha Krishnan






Vidisha Krishan
Partner

Vidisha obtained her LL.B. degree from the Faculty of Laws at Delhi University. She also holds a degree in Journalism Honours from Delhi University. She has an LL.M. in banking and finance law from the University College London.

Having worked with India’s capital markets regulator, the Securities and Exchange Board of India, she has extensive experience working in law firms as well as in the government. At the Board she was involved in policy formulation and regulation drafting and helped provide informal guidance on various delisting, buyback and takeover issues to listed companies.

Vidisha focuses on capital markets issues as well as cross-border investments into India. She advises on matters relating to RBI/FEMA aspects of cross-border transactions as well as domestic listed and unlisted company issues.

Her capital markets practice covers all aspects of RBI and SEBI laws including takeovers, public issues, private placements, alternate investment funds, eligible investor categories (FIIs, QFIs, NRIs) etc. Her expertise also extends to private equity deals, joint ventures in the corporate and commercial sector.

Vidisha has advised on various aspects of foreign investments in India by institutional and non-institutional investors on debt instruments of the Indian public sector undertakings. She has also advised on various debt issues of public sector undertakings and statutory bodies.

Contact details
Mumbai office
vidisha@mvkini.com
+91 22 2261 2527