Indirect Taxation Advisory & Litigation

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Indirect Taxation Advisory & Litigation

Strategic Indirect Tax Counsel and Effective Dispute Resolution

Osh Legal provides comprehensive advisory, compliance, controversy and litigation services in the field of indirect taxation, with particular expertise in Goods and Services Tax (GST), Customs, legacy Central Excise, Service Tax and VAT matters. Our practice combines technical knowledge of indirect tax laws with a practical understanding of our clients’ businesses, enabling us to provide commercially focused advice on complex transactions, tax positions, regulatory requirements and contentious matters.

We advise clients across the entire indirect tax lifecycle — from transaction structuring, tax-risk assessment and preventive advisory to departmental proceedings, adjudication, appeals and litigation before appropriate appellate and judicial forums. Our approach focuses on identifying potential exposures at an early stage, developing defensible tax positions, assisting clients in regulatory and departmental proceedings, and pursuing appropriate remedies to protect their legal and commercial interests.

The GST framework provides mechanisms for adjudication, appeals and advance rulings, including proceedings before the Authority for Advance Ruling (AAR) and Appellate Authority for Advance Ruling (AAAR).

Our Indirect Taxation Practice Includes

1. GST Advisory & Transaction Structuring

Advising on the GST implications of business models, transactions, contracts, restructuring, supply arrangements and other commercial arrangements.

2. GST Classification & Taxability

Advising on classification of goods and services, applicable rates, exemptions, valuation, place of supply, time of supply and other substantive GST issues.

3. Input Tax Credit (ITC)

Advising on eligibility, availment, utilisation, reversals, blocked credits, documentation and reconciliation, including disputes relating to denial or restriction of ITC.

4. GST Compliance & Risk Management

Advising on registration, invoicing, returns, e-invoicing, e-way bills, documentation, reconciliations and other statutory requirements, with a focus on identifying and mitigating litigation risks.

5. GST Refunds & Export Matters

Advising on refund claims, exports, zero-rated supplies, LUT/bond matters, inverted-duty structures and related proceedings. GST law provides specific mechanisms for zero-rated supplies and refund of unutilised input tax credit, subject to applicable statutory conditions.

6. GST Audits, Assessments & Investigations

Representing clients in departmental audits, scrutiny, inspection, search and seizure proceedings, summons, investigations and other proceedings initiated by tax authorities.

7. Adjudication & Demand Proceedings

Advising and representing clients in show-cause notices, tax demands, interest, penalties, input-tax-credit disputes and other adjudication proceedings.

8. GST Appeals & Litigation

Representing clients before appellate authorities and tribunals and, where appropriate, before the High Courts and the Supreme Court of India, including matters involving substantial questions of law and complex questions of interpretation.

9. Advance Rulings

Advising on and representing clients in proceedings before the Authority for Advance Ruling (AAR) and Appellate Authority for Advance Ruling (AAAR). The GST framework provides for advance rulings and appellate remedies in relation to questions concerning the application of GST law.

10. Customs Advisory & Litigation

Advising on classification, valuation, import and export transactions, customs duties, exemptions, notifications, assessments, investigations, confiscation, penalties and appellate proceedings.

11. Cross-Border & International Indirect Tax Matters

Advising on the indirect tax implications of cross-border supplies, imports, exports, intermediary arrangements, international services and complex supply-chain structures.

12. GST on Corporate Transactions

Advising on the indirect tax implications of mergers, demergers, acquisitions, business transfers, slump sales, restructuring, transfer of businesses and other corporate transactions.

13. Taxability of Complex Commercial Arrangements

Advising on GST implications of composite and mixed supplies, bundled transactions, reimbursement arrangements, agency structures, principal-to-principal and principal-to-agent arrangements, licensing, leasing and other complex commercial models.

14. GST Valuation & Related-Party Transactions

Advising on valuation issues, related-party transactions, discounts, reimbursements, subsidies, inter-company arrangements and other matters affecting taxable value.

15. Place of Supply & Inter-State Transactions

Advising on place-of-supply issues, inter-State and intra-State supplies, cross-border services and related IGST implications.

16. Legacy Indirect Tax Matters

Advising and representing clients in matters relating to Service Tax, Central Excise and VAT, including legacy assessments, refunds, appeals, recovery proceedings and litigation.

17. Indirect Tax Dispute Strategy & Resolution

Developing end-to-end strategies for indirect tax disputes, including pre-litigation engagement, departmental representation, adjudication, appeals, writ proceedings, settlement and alternative resolution strategies, and litigation before appropriate judicial forums.

Our Approach

Our approach to indirect taxation is proactive, strategic and dispute-conscious. We seek to identify potential tax exposures before they develop into disputes and, where proceedings have already commenced, develop litigation strategies aligned with the client’s broader commercial objectives.

We work closely with clients’ finance, tax, legal and business teams to understand the underlying transaction, commercial documentation and financial implications. This enables us to present technically robust and commercially persuasive positions before tax authorities and judicial forums.

Our objective is not merely to respond to tax disputes, but to help clients anticipate risk, structure transactions effectively, preserve their legal position and achieve efficient and sustainable resolution of indirect tax controversies.

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