PRACTICE AREAS

Our Direct Tax team, comprising lawyers and chartered accountants with multiple qualifications, specializes in delivering comprehensive tax advisory and litigation services. We cater to businesses and organizations across diverse sectors, providing strategic guidance and effective solutions in navigating complex tax laws and regulations. Our team's commitment to excellence ensures clients receive professional and tailored support in the dynamic fiscal landscape.

The firm has a dedicated team of experts who are engaged in providing, inter alia, the following services:

• Litigation before all forums (Supreme Court, High Court, Income Tax Appellate Tribunals, and tax authorities)
• Advice and consultancy relating to both domestic and international tax issues
• Strategic tax planning
• Transfer Pricing – study, compliance and representation
• Compliance and Regulatory

In the niche and sought after arena of Transfer Pricing, the firm has built capabilities to handle the entire gamut of services in relation thereto, right from the stage of compilation of data and preparation of transfer pricing reports to representation before the transfer pricing appellate authorities and courts. We understand the business, accounting and legal intricacies affecting taxation.

The Direct Tax team is widely acclaimed for its ability to find novel solutions to meet clients’ needs while addressing the complexities of constantly changing domestic and international tax regimes. We have successfully handled several high profile tax litigation matters both relating to domestic and international taxation and have obtained path-breaking rulings. The Direct Tax team is well known and has, over the years, gained respect of the tax administrators, businesses and judiciary alike, for its competent handling of litigation and providing quality advice across the entire spectrum of direct tax laws.

We have always endeavored to deliver efficient and cost effective services appreciating the specific needs of clients, so as to provide maximum value. As a result, the Team continues to serve as trusted tax counsels and advisors to many of India’s large industrial houses, and multinational companies for nearly four decades.

The firm is widely regarded as one of the best in Direct Tax practice in the country and is consistently ranked amongst the top tax law firm in various international rankings/ surveys

The firm’s Indirect Tax team is well -equipped and dedicated to render advice and litigate across the entire spectrum of indirect tax laws. The team aims at suggesting practical and innovative solutions to its clients and has expertise in the following areas:

Goods and Services Tax (‘GST’), Customs, Service Tax, Central Sales Tax/Value Added Tax (‘VAT’), Central Excise, etc. The firm has a dedicated team of experts who are engaged in providing, inter alia, the following services:

• Litigation before all forums (Supreme Court, High Court, Tax Tribunals, and tax authorities)
• Advisory and Consultancy in areas like Banking, Finance, Leasing, Infrastructure, Real Estate, Hospitality, Software, Media and Entertainment, Advertising, Retail Trade, Management Consultancy, Education, Automobile, Auto-ancillaries, Airlines, Shipping Industries, etc.
• Managed Services in the area of Compliance and Regulatory matters on all India basis which includes within its ambit filing of returns, facilitation of audit, refunds under Foreign Trade Policy Schemes, etc.

The firm specialises and is well equipped to help you navigate the complex world of white collar crimes such as:

• Prevention of Money Laundering Act, 2002 : Investigation before the Directorate of Enforcement (ED), Attachment of Property, Retention of documents, Arrest & Bail, we provide a 360 degree protection and offer the best in line services.

• Prohibition of Benami Property Transactions Act, 1988 : Investigation before the Benami Prohibition Unit (BPU) of the Income Tax Department,  Proceedings before the BPU, Competent Authority, Appellate Tribunal, High Court & Supreme Court.

• Corporate Frauds investigated by the Serious Fraud Investigating Office (SFIO) : Investigation, Prosecution and all ancillary proceedings.

• Black Money (Undisclosed Foreign Income & Asset) & Imposition of Tax Act, 2015 : Investigation, Prosecution and all anciliary proceedings.e ably and successfully guided & represented our clients right from the Assessing Officer to the Hon'ble Supreme Court of India.

With extensive expertise in both international and domestic arbitration, our firm is a seasoned player in diverse legal arenas. We actively engage in arbitration proceedings covering a spectrum of areas, including infrastructure development, corporate disputes, and contracts related to construction, engineering, information technology, as well as domestic and cross-border investments.

Our proficiency extends to handling national and international institutional arbitrations, with experience in various rules such as UNCITRAL, ICC, LCIA, SIAC, and other specialized institutions. We consistently provide counsel and representation in international law disputes, particularly in matters involving Bilateral Investor Treaty (BIT) issues and proceedings. Our firm's commitment to excellence ensures strategic and effective resolution in the complex landscape of arbitration.

The Commercial Litigation team at  Malik & Co. is renowned for its extensive expertise in managing diverse commercial, corporate, and regulatory disputes. Our seasoned litigators, with a wealth of experience, have represented clients across various forums, handling civil disputes arising from contracts before both courts and arbitral tribunals.

Noteworthy arbitrations include those for clients in sectors such as Steel, Power & Energy, FMCG, Hospitality & Tourism, Coal, Highway, Railway, and Infrastructure. Specialized team members focus on key sectors, including Oil & Gas, Telecom, Infrastructure, Pharmaceuticals, Environment, Mining, and Real Estate. Our lawyers regularly appear before various tribunals and commissions, including the National Company Law Tribunal, National Green Tribunal, APTEL, and Consumer Disputes Redressal Commissions.

Offering strategic counsel, our team advises industry leaders and large companies on litigation strategy, management, and advocacy aligned with business goals. Spread across multiple offices, our teams provide local representation while collaborating for comprehensive support and insights. The team's extensive experience spans handling Prerogative Writ Petitions, Civil Suits, and Appeals before the Supreme Court and High Courts, ensuring effective resolution across legal verticals and locations.

The Real Estate (Regulation and Development) Act, 2016 (RER Act) stands as a transformative force in the real estate sector, ushering in accountability, transparency, and organization. It addresses historical challenges by requiring the deposit of customer collections in separate RERA accounts, restricting fund use to specific projects, and holding promoters accountable. These provisions instill confidence in homebuyers, creating a more secure environment.

However, the Act poses heightened compliance obligations, and the industry grapples with implementation challenges. Despite being a central legislation, each state in India has its unique rules governing the RER Act's implementation.

Our advisory services encompass all stakeholders in real estate projects, including promoters, investors, retail lenders, and homebuyers. Operating from multiple locations, we possess a nuanced understanding of state-specific rules. Collaborations with chambers of commerce, industrial bodies, and consumer welfare associations provide valuable insights into industry challenges, enabling us to offer solution-based advice to our clients.

The services we render, inter alia, include:

• Opinions.
• Registration of project with RERA.
• Appearing before the RERA, Adjudicating Officer and Appellate Tribunal.