Tax Litigation

Enterslice has a team of experts that handle all tax-related litigations. Our skilled experts will help you simplify tax litigation processes with expertise and precision. Package inclusions: Advice related to tax litigations Assistance in organizing and advocating for appeals and petitions before..

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An Overview of Tax Litigation

Taxes are often thought of as the necessary contributions made by people or businesses that fall under a specific tax category to the government. Citizens are subject to taxes in order to fund business endeavours, advance the national economy, and elevate the standard of living.

Tax litigation means all the legal disputes along with the proceedings that arise between the taxpayers and the tax authorities regarding any default in payment or fraud or any other reason that includes tax. It entails settling disputes and controversies involving a variety of taxes, including excise taxes, wealth taxes, customs duty, and goods and services taxes (GST). Both direct and indirect taxes are covered by tax litigation, which can also deal with matters including tax assessments, compliance concerns, tax evasion, and fraud. 

It involves a variety of legal processes, such as judicial processes, administrative processes, and extrajudicial processes like mediation and arbitration. In order to preserve a fair and open tax system, ensure compliance with tax rules, and safeguard taxpayer rights and interests, tax litigation must be resolved.

Indian Tax System

The country's tax administration and collection are regulated by the intricate Indian tax system. It consists of a variety of direct and indirect taxes imposed by the central and state governments. The system is intended to support economic growth and development while generating income for the government and funding public spending. Several laws, including the Income Tax Act, the GST Act, and the Customs Act, regulate the Indian tax system. The procedures for tax assessment, collection, and enforcement are outlined in these statutes. The National Board of Indirect Taxes and Customs (CBIC) and the Income Tax Department were established by the national government to oversee and enforce the tax system, respectively.

Types of Tax

The two primary tax categories in India are direct taxes and indirect taxes. Direct taxes are imposed on people and businesses based on their income or profits, such as income tax and corporate tax. At the point of production or consumption, products and services are subject to indirect taxes, including excise, customs, and the Goods and Services Tax (GST).

Reasons for Tax Litigation

  • Tax assessments that are disputed: Taxpayers may disagree with the tax authorities’ assessment of their tax liability, resulting in litigation to address the differences.
  • Tax law interpretation: The complexity and ambiguity of Indian tax rules can lead to divergent interpretations, resulting in disagreements between taxpayers and tax authorities.
  • Noncompliance issues: Tax litigation can develop as a result of noncompliance with tax filing, reporting, or payment obligations, such as late or failed submission of needed papers or returns.
  • Tax evasion and fraud: Tax evasion and fraud by taxpayers can result in legal processes and litigation to enforce tax rules and recover the evaded sums.
  • Disputes over transfer pricing: Transfer pricing laws manage the price of transactions between related organizations. Disagreements about suitable pricing might result in tax litigation.
  • Disputed tax credits and deductions: Differences of opinion over the eligibility or amount of tax credits and deductions claimed by taxpayers might result in litigation to ascertain their legality.
  • Income classification: Income classification as capital gains, business income, or other categories might be disputed, leading to tax litigation to ascertain the proper characterization.
  • Cross-border Transactions Issues: issues relating to the interpretation of tax rules and regulations, particularly in the circumstances involving cross-border transactions and double taxation.

The procedure of Tax Litigation

The step-by-step procedure of tax litigation in India is outlined below:

  1. Taxpayer Return Filing: To avoid fines, the taxpayer must finish the process of completing their tax return by the deadline.
  2. Assessment Order: The assessment officer evaluates and scrutinizes the taxpayer's return after they file it. Following that, an evacuation order is issued based on the results.
  3. Filing an Appeal by a Taxpayer: If a taxpayer is unsatisfied with the assessment order given by the assessment officer, they may file an appeal. 
  4. Time Constraints and Appeal Hierarchy: There are time constraints for submitting appeals, and the appeals hierarchy must be followed. The following are the time limitations and hierarchies:
  5. An appeal to the Commissioner of Income Tax (Appeal) can be filed within 30 days.
  6. An appeal to Income Tax Appellate Tribunal must be submitted within 60 days.
  7. A High Court appeal must be filed within 120 days.

Impact of Tax Litigation

Tax litigation has a tremendous influence on both enterprises and people in India. The ramifications of tax disputes go beyond straightforward financial implications, influencing investment decisions, compliance practices, and general economic stability. The following sections go into the many consequences of tax litigation in India.

Tax litigation places a significant financial burden on taxpayers. During lengthy litigation procedures, legal expenses, fines, and interest charges may quickly mount. These charges can be especially onerous for small and medium-sized businesses (SMEs) and individual taxpayers, reducing cash flow and limiting development potential. The financial hardship caused by tax litigation frequently leads to lower profitability and investment, impeding economic progress.

Second, tax litigation causes uncertainty, which has a negative impact on investment choices. When taxpayers are involved in tax disputes, they confront ambiguity about their tax responsibilities and obligations. This uncertainty deters enterprises from developing long-term investment plans because they are concerned about prospective tax obligations resulting from challenged assessments. Such apprehension to invest stifles economic progress and inhibits entrepreneurial activity.

Hierarchy of Courts in Tax Litigation

The appeal might be submitted in the following hierarchical order:

  1. Income Tax Commissioner (CIT)
  2. Income Tax Appellate Tribunal
  3. High Court
  4. Supreme Court

Key Services Offered by Enterslice

  • Assisting clients with creating effective tax lawsuit techniques
  • Exploring alternative methods for resolving tax disputes
  • Assisting clients with the preparation and submission of advance ruling applications, as well as representing them before the Authority for Advance Rulings (AAR)
  • Providing aid, counsel, and representation in the filing of appeals and petitions before High Courts and the Supreme Court
  • Advising and representing clients before the Commissioner of Income Tax (Appeals), Dispute Resolution Panel, and Income Tax Appellate Tribunal.

Frequently Asked Questions

Tax disputes in India commonly involve challenges to tax assessments, arguments over the interpretation of tax legislation, noncompliance concerns, and cases involving tax evasion or fraud.

Tax litigation in India can be a protracted process, with final resolutions frequently lasting many years. The length of time can vary based on the intricacy of the case, the court's workload, and other considerations.

Yes, India has implemented efforts to decrease tax litigation in recent years. These include attempts to encourage settlement and alternative dispute resolution processes, the use of technology in tax administration, and the implementation of e-assessment and e-appeals.

Tax litigation can have major consequences for enterprises and people, including financial constraints, ambiguity in decision-making, compliance issues, and the need to employ tax specialists to handle litigation properly.

Within 120 days.

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