Super Lawyer

Tag: Indirect Tax

  • “What distinguishes an average lawyer from a great one is the latter’s ability to draft a legal document methodically and precisely.” – Priya Tandon, Senior Associate at AZB & Partners.

    “What distinguishes an average lawyer from a great one is the latter’s ability to draft a legal document methodically and precisely.” – Priya Tandon, Senior Associate at AZB & Partners.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Joining the field of law can stem from different motivations. What inspired you to pursue law, and how did your law school experiences shape your perspective and understanding of the profession?

    Like many other kids, my first exposure to law came with the movies. Law is an ever evolving combination of words, written in a manner that each and every word matters and has weight. For me, it was particularly intriguing to comprehend how mere words could wield such influence, to construct meaning from the given elements and to find solutions mostly in the shades of grey – there are no right or wrong answers. I am an alumnus of Jindal Global Law School, O.P. Jindal Global University, Sonipat. Jindal, a name reckoned with unparalleled academic excellence, was a truly innovative practical legal experience. It has a global outlook to curriculum – a carefully designed amalgamation of arts and law, offered through a combination of mandatory courses and multidisciplinary electives. Further, it has educators and students with diverse global experiences, the former having the flexibility leading to learning through thinking, questioning and engaging in meaningful discussions. Jindal fostered my understanding of law beyond silos, by equipping me with practical training and exposure in an overall dynamic space. From self-doubt, it helped me transform into someone who is not afraid to trust her instincts in driving solutions to complex legal problems.

    You started your career at a leading MNC in compliance and taxation. What were the most valuable experiences from that period, and how did they lay the foundation for your later work in providing end-to-end legal solutions on tax issues for major industry players across sectors like E-commerce, Liquor, Food and Beverage, Gaming etc?

    I accepted a Pre-Placement Offer from PricewaterhouseCoopers when I was still in my fourth year of law school. Therefore, immediately after my graduation, I joined their Governance, Risk and Compliance team. My job description required me to determine whether the internal controls and policies of Multinational Corporations were legally compliant, from a global standpoint. Despite a brief stint of only six months at PricewaterhouseCoopers, I believe that I learnt an extremely valuable lesson, which led me to secure and stand out at my subsequent job at AZB & Partners. I realised that a major hurdle in the practice of the legal profession is the flood of lawyers in the system each year – there is an apparent glut. The mantra to stand out, from what I learnt very quickly, is marshalling facts and figuring out the intricacies of how businesses function – both the granular details as well as the broad perspectives.

    What motivated your shift from corporate compliance to a law firm, and what differences did you notice in the work environments? How did you adapt to managing complex litigation strategies and representing clients before Commissioners of Income Tax, ITATs, High Courts, and the Supreme Court across India?

    My appointment at PricewaterhouseCoopers happened more by accident than by design, at the least expected time. Even though my job profile acquainted me with diverse areas of law at an international level, yet, I craved hands-on practical involvement in the application of law in intense adversarial set ups. This was the motivation with which I started applying to law firms, knowing fully well that the work there was expected to be more intense. As far as the work environments of both the places at which I have worked thus far goes, honestly, contrary to the popular opinion, I personally do not think that the same have been very different – fortunately for me, both the places have been marked with supportive supervisors, learning, flexibility, autonomy, open communication and work-life balance (for most part). In order to discharge the responsibilities that came with my new role with sincerity, I dove deep into the facts of briefs assigned to me and simultaneously, immersed myself in absorbing what I could about the nuances of the Indian tax regime/ Tax Treaties. Of course the “real-world” with no margin of error was daunting, more so, since I took up a highly specialized area, but nonetheless, being someone who had fought stubbornly for a spot at the most reputed law firm in India, I was determined to make the most out of the opportunity advanced to me.

    With over seven years specializing in Income Tax, International Tax, Transfer Pricing, Foreign Exchange, and Benami law, what has been one of the most challenging cases you’ve handled and how did you navigate it?

    For me, the fact that a case is significantly weak on facts or on a point of law will not by itself make it “the most challenging”. When it comes to taking a case to Court, there is always more than what meets the eye. It’s not just about reviewing documentation, drafting and arguing – it’s actually about all the behind the curtain strategizing and client management – balancing possible outcomes with client expectation every time the case is likely to come up. For me, the most challenging cases are the ones with an ostensible mismatch in the attainment of the said balance. In fact, even an unassuming case of assured balance may become a challenging one owing to certain unforeseeable circumstances, such as, delayed hearing on account of the opposite counsel or the Judge being on a leave, or on account of the case not being listed or taken up. There is no rigid or inflexible formula for ready application, so as to navigate a challenging case. Needless to state that when such a situation arises, which it will more often than you’d like, you will be constrained to think of creative solutions, trust your instincts and quickly follow through, irrespective of how outside your comfort zone it may be. It may not be in the fitness of things to allude to a specific instance of any case.

    You have authored several articles on contemporary tax issues, including Equalisation Levy, GAAR, Benami Property, etc. How has writing shaped your career, influenced your approach to complex legal issues, and contributed to policy discussions?

    I firmly believe that what distinguishes an average lawyer from a great one is the latter’s ability to draft a legal document methodically and precisely, in a manner that captivates the reader of such a document. The reader should not have any doubt about the observations advanced and its co-relation with the ultimate conclusion or the proposition sought to be canvassed. This is particularly true for those pursuing litigation, since very often, Judges base their decisions having regard to the content of the petitions, appeals, applications, submissions, etc. I believe that each time I write an article, it helps me enhance this precise skill. Of course, it’s a process – you come across a relevant contemporary issue or a topic you don’t quite know much about; you understand its context; you go over the related statutory provisions, precedents and scholarly works; you formulate your independent thoughts; and finally, you pen it all down! Each time I have done this, I have been exposed to the enormous gap between what the businesses are doing and the law as it is. This invariably opens policy discussions. Article writing assumes even more significance for entry-level associates, since a large part of their job profile entails churning out drafts. It goes without saying that it should be them who should be doing the reading, the thinking and the writing and not the nuanced Artificial Intelligence!

    While working with international entities and advising on transactional tax matters, how do you approach cross-border cases? What are the major challenges in handling matters like foreign exchange issues, M&A structuring, or international tax disputes, and how do you navigate them effectively?

    I believe that the underlying challenges and approach to each transaction or case is specific to its own set of facts and as such, the same cannot be generalised. Be that as it may, in my experience, the biggest challenge still seems to be the rather intricate regulatory compliances, both domestically and internationally. Since laws usually play a catch-up with the pace of dynamic businesses, the extent of applicability of existing laws on such businesses. always remains debatable and prone to future litigation. Further, with specific reference to the domain of tax laws, in cases where existing laws could not bring certain business models within the taxing net, retrospective amendments have been conceptualised and effectuated, consequently, adding to investor anxiety. I believe that one way to navigate this is to keep updated about the mechanics of disruptive business models and the manner in which such models are being looked at, globally. With the requisite background, the need of the hour is to engage with the policy makers so as to strike the requisite balance.

    As a woman litigator in a highly technical field, what challenges have you faced, and how do you balance mastering complex legal frameworks, devising litigation strategies, and mentoring the next generation of lawyers?

    Being a nuanced field, not many law graduates opt for tax law. What I noticed during my initial days of practice was that the litigation space, specifically, the tax litigation space, is dominated by a handful of lawyers. The percentage of women lawyers amongst this handful, is negligible. The trend seems to be improving as far as entry-level and mid-career level representation of women in litigation generally is concerned, where women seem to be matching, if not outnumbering men. However, effects of improvement are yet to be noticed in the tax litigation space. In my opinion, the strides made to ensure formalistic equality in many corporates and firms are laudable. This includes a supportive environment, with a clearly articulated policy on discrimination, harassment, flexible timings, maternity leave, etc. That said, in my experience, heightened scrutiny, specifically, outside these spaces, still continues to serve as a systematic barrier. It is up to the legal community to collectively work towards addressing this challenge. In my experience, one way to do this effectively, is to assume a mentorship role, offering insights, guidance and support to law students as well as organising and participating in periodical sensitisation trainings. Certainly, this would add meaning coming from women already assuming leadership roles.

    What advice would you give to law students or young lawyers considering a career in tax law and litigation, particularly in balancing technical expertise with advocacy and strategic client management?

    A couple of quick points here. First, as stated above, get your hands dirty figuring out the facts and how businesses function; understand risks. Second, whether you work for free or for a fee, marshal the facts and apply the law to create a positive impression. Third, which is an extension of the second, remember that preparation is key and hence, never appear before a Court unprepared, else, you will be doing a disservice to your client, the Court and the cause of justice. Fourth, know that networking is an integral part of the legal profession. You may have the best understanding of the law, but unless and until the client community reposes confidence in you, what is the worth of all the theoretical knowledge? Therefore, from day zero, network within the community – with your friends and associates across different fora in different parts of the country/ world. Keep in mind that most of the work is generated through references alone. So, be active on social media. Your network should know exactly what you’re up to. For this, post regular updates, write articles/ papers/ columns or participate in talk shows/ conferences/ seminars/ lectures. Fifth, have patience and perseverance – remember that giving up is not an option. Stay relentless and focus on building a quantum practice. Trust the process.

    Get in touch with Priya Tandon –

  • “Tax laws, though complex, ultimately test your reading and interpretational skills. If a lawyer learns tax law in earlier stage of their career then they can read and interpret any other laws with less effort.” – Anurag Soan, Advocate on Record at the Supreme Court of India.

    “Tax laws, though complex, ultimately test your reading and interpretational skills. If a lawyer learns tax law in earlier stage of their career then they can read and interpret any other laws with less effort.” – Anurag Soan, Advocate on Record at the Supreme Court of India.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    Coming from a science background, what experiences led you to pursue a career in law and ultimately gain admission to Symbiosis Law School, Pune?

    In Tier II cities [like Bhopal], engineering and medical streams were the most sought after graduation qualifications. Going with the flow, I opted PCM as the stream in 11th & 12th standard and prepared extensively for competitive exams like IIT and AIEEE for two years. However, I realised that my core acumen is more suited for law where I can perform and achieve better as compared to hardcore technical streams like engineering. I found law to be attractive, expressive and more relatable. When I conveyed the same to my parents, they happily supported my decision and gave me free hand to do whatever I felt comfortable in life. My father, who himself was heading the Editorial department at a PSU and an avid reader, knew that the legal profession is a dignified and respectable profession, and motivated me to take the chance at law, though a less opted path at that time. On a lighter note, 3 Idiots was also released in 2009 and it gave a clear message that unless you are a Rancho, it is okay to go for course correction like Farhan or Rastogi, so I also had some kind of validation for taking a leap of faith. In 2010, I appeared for various Law Entrance Examinations and cleared Symbiosis Entrance Test [SET] with AIR 49. I happily joined Symbiosis Law School, Pune which was the best decision of my life.  

    How was your experience working at three tax law firms in New Delhi? What influenced your decision to specialize in Tax Law, and what early experiences helped deepen your understanding of the legal field?

    As a law student, I didn’t have many things under control such as choice of internships and specific teams where I wanted to intern. The foundation of one’s inclination towards a specific field of law is built through the work done during law school such as moots, research papers etc. 

    My influence towards the tax laws began when I participated and won the Nani Palkhivala Research Paper Competition in 2013 [3rd year of Law School] on ‘Advance Pricing Agreements’ [International Taxation]. At the prize distribution event [in GLC Mumbai] I had the privilege to briefly interact with Retd. Justice Sanklecha [Heading the tax roster bench of Bombay High Court at that time] and Sr Adv. Soli Dastur [a doyen in Bombay High Court tax circle] who motivated me to explore tax practice in future. However, I never had any exposure to tax laws at that time. Out of my 11 internships during law school, I then interned for more than 4 months in PDS Legal Bombay to understand the aspects of ‘direct tax litigation’ under Mr Nishant Thakkar and Ms. Jasmin Amalsadvala. During internships, I regularly attended proceedings before the Bombay High Court and observed many prominent seniors arguing the cases before the High Court. It was the exposure to Courtrooms during my internships that inspired me to become an arguing counsel. Though I got placed from College at a Company in Mumbai, I chose to go for tax litigation at Delhi.

    In 2015 when I joined my first Firm [Reina Legal], I started practicing indirect tax litigation, which had a much wider base than direct tax litigation as Indirect taxation at that time covered laws like VAT, Service Tax, Excise, Customs etc.. My mentor Mr. Gajendra Maheshwari trained me from scratch and gave me arguing opportunities in tax matters before the Tribunals and High Courts which is quite rare in the current era. It was a rocket start for a fresher who was dreaming to become a litigator one day. He taught me things like a younger brother and corrected my mistakes with compassion.

    When I joined Advaita Legal [best friend firm of KPMG] in 2017, I had the privilege to work with stalwarts of indirect taxes such as Mr. Sujit Ghosh [Now Sr. Adv, SC], Mr. A R Madhav Rao and Mr. Sudipta Bhattacharjee [now at Khaitan & Co.]. I learnt many new concepts while working under my seniors as to how a problem is approached and how a strategy is devised which brings a relief to the client. They were live databases of the jurisprudence on indirect taxation and taught me the foundation and history of each dispute. Tax disputes are as old as the laws are being in existence, thus the evolution of jurisprudence bears huge history. 

    Thereafter, I joined DMD Advocates [formerly Dutt and Menon] in 2019 where I joined the team of Mr. Tushar Jarwal. It was like working with Special Forces. One aim, no error was the policy. I was expected to prepare the matters within a limited time frame without compromising on quality. Working under Mr. Jarwal was more of a training of mind that every case has to be won at any cost and we have to give 200% to the case. The preparations for the matters were so thorough that there was no room for error, whatever may be the query which may come from the Hon’ble Bench or the opposite counsel. War scale preparation would be an appropriate description for the same. In my understanding, knowledge is something which one continues to gather and accumulates but the way of execution and getting results is something which changes your perception towards the work. This policy was applicable irrespective of worth of matter, whether it was a 10,000 crore tax dispute or a pro bono matter for a poor retired employee, mindset has to be the same. Discipline and devotion to work is something which I cherished in the team.

    In nutshell, the experiences in the three firms developed my overall mindset and personality, be it knowledge or quick execution. It led to the creation of an independent human being and a lawyer who was ready to face the challenges in the coming future.

    How briefing of Sr Counsels takes place in high stake tax matters? Having had the privilege to work with prominent senior counsels like Harish Salve, Arvind Datar, S Ganesh, N Venkatraman how did these experiences shape your approach to law? What valuable lessons have you learned from them that you apply in your own legal practice?

    The fate of any case being weak or strong is based on its drafting and presentation of correct facts and law. But the magic comes when it is being argued by arguing counsels using their experience, court craft and convincing skills. At the High Court and Supreme Court, the stakes are usually high, and the drafting counsels usually try to incorporate all the legal arguments for their cases. On the other hand, Senior Advocates know that which precise legal point will turn the tides in Clients favour. This is a skill acquired by years of practice and there is no shortcut to it. The entire art before the Court is to present the most complex situation in simple words so that each and every person in the courtroom can understand and relate to it. It is the crystal clear presentation, in the shortest possible time, by Senior Advocates that makes them so special.. 

    During briefing, the briefing counsels are expected to explain the entire case to the Seniors crisply so that they understand the issue and initiate their thought process. This involves preparation of comprehensive briefing notes and compilations for the Senior Advocates so that they can scan the relevant details and accurately present the case before the Court. 

    While working with some of the leading Senior Advocates I learnt that thinking out of the box is very relevant as the case may not be covered by any existing precedent and the Hon’ble Court is required to be persuaded in a manner which yields a positive outcome. The situation is more difficult when there are existing precedents but against us. In such situations, the burden is on us to distinguish and make out a case for the client. Further, I clearly learnt that every matter is build block by block and there is no jumping to the conclusion howsoever easy the issue may appear. The facts are analysed in detail and documented, the applicable laws are checked with amendments along with their legislative intent. Post this grounds and prayers are structured. If this foundation is strong then it becomes much easier to persuade the Hon’ble Court and results are better.      

    After gaining significant experience at various law firms, you chose to start your own practice. What prompted this decision, and as a first-generation lawyer, what challenges did you face in the early stages and how did you overcome them?

    Independent practice arms a lawyer to drive a matter according to his own acumen, understanding and experience. Unlike a Firm structure where every step is scrutinised at multiple levels, such is not the case in independent practice. The entire responsibility is on your shoulder to take the case to its logical end. I chose independent practice as it gave me the stage to argue before the courts on an independent basis. The sooner you start the easier it is. I am not over quoting by making a reference to a movie named “The Judge” wherein Robert Downy Junior [& other lawyers] used to feel nauseous before each court hearing due to the extreme pressure of courtroom. Such situations are real because the Hon’ble Judges may ask questions from anywhere in the brief and it is on the arguing counsel’s shoulder to satisfy the queries of the judge. The stage fear is real till you get used to it. It is a dive which every aspiring litigation lawyer is required to take and believe me there is never a perfect time for the same. 

    Having worked with different distinguished lawyers in the industry, I was able to understand the pattern and art of executing a case from drafting to final arguments. In my previous firms I had handled complex tax litigations which prepared me to face any challenge which may come in future.  

    In initial years of independent practice you are one man army who will have to handle the drafting, filing, arguing, client handling etc. on your own. This is time consuming but necessary also. Another hurdle is the infrastructure which is required to operate a full time litigation chamber. But this is the time when your good deeds pay back. Your previous interns, colleagues, relatives refer you cases. Independent practice is one man show but built on many peoples support and trust based on you by well-wishers. 

    For freshers and aspiring independent litigators, the most important aspect in litigation is to not get demotivated and keep struggling. There will be days with no work but that time can be utilised in going to courts and networking. The Internet is free, one can write articles and keep his/her presence alive. The entire game of litigation is to never leave the game. There will be financial hit initially but if that period is crossed then you will realise that it is the best decision of life.

    You successfully cleared the AOR exam in December 2022 on your first attempt, after studying a broad range of laws beyond tax. How does being an AOR impact your legal practice, and can you share some tips or tricks that you employed for clearing the exam for our readers?

    Before preparing for the AOR examination, taxation law was my lifeline and core expertise. There was never any need to understand any other procedural laws like CPC or CRPC as Tax Adjudication system have their own hierarchy and own dispute resolution system. For example, adjudication starts with Commissioner, against which appeal goes to Commissioner (Appeals), followed by appeal in Tax tribunals and then to High Court and Supreme Court. The tax laws are code in itself and there is hardly any requirement to make reference outside such statutes.

    On the other hand, the AOR examination is all about knowing the powers and limits of the Supreme Court. Such knowledge or procedure is an outcome of the Constitution, Supreme Court Rules, 2013 and the judicial precedents. The judicial precedents can be from any stream of law, for example a famous matrimonial disputes case laid down the jurisprudence on Review and Curative jurisdiction of Supreme Court [Rupa Ashok Hurra v Ashok Hurra]. A case of sexual offence on social worker, led to the laying down of guidelines for sexual harassment by Supreme Court expanding the scope of judicial activism [Vishakha v State of Rajasthan]. A case on Taxation on denatured alcohol led to the expansion of doctrine of prospective overruling [Synthetics and Chemicals v State of UP].

    It is immaterial as to which area of law one had specialised before appearing for the AOR exam. One needs to know everything from the perspective of working for the Supreme Court. Bare minimum knowledge of each subject is necessary if one is aiming to appear for the AOR exam.  

    There are two cheat codes which I followed during my examination preparation as I only had three weeks to prepare due to my hectic schedule at the office. First, pattern of last five year question papers. And Second, lectures conducted by SC Registry and SCAORA. If one blindly follows these two methods then it is easy to decipher as to what are the expectations of the examination body. Since I had considerable experience in drafting SLPs, Writs before the Supreme Court during my tenure at previous firms, the drafting examination paper was not a big challenge.  

    After becoming an AOR, having read/acquainted with the major/relevant laws, I got the confidence to take up any matter and execute the same as the AOR examination preparation clears up your core concepts and builds your ability to think on first principles. Though, legal field is an ocean in itself, clearing the AOR exam gives a sense of confidence and completion. 

    Can you share one of the most fascinating cases you’ve worked on so far? How did you prepare for such a complex and intriguing case?

    I have majorly represented companies before the High Courts and Supreme Court in tax matters. In such cases, human emotions are not involved and ultimately the companies are benefitted or take a hit as a ‘corporate entity’. However, when you deal with cases involving life and liberty of an individual, then the real heat is involved. A win or a loss strikes you personally as you tend to feel elated when the outcome is positive or you tend to feel guilty/sad when the outcome is negative. These emotions are very personal and impacts the mindset of a lawyer. 

    I recently did a pro bono case, wherein my house maid informed that her neighbour’s new born daughter is missing after being forcibly taken from her parent’s custody. The parents were labourers and uneducated and had been trapped in a child trafficking racket/syndicate. Neither the police nor any NGO was ready to provide any assistance to the poor parents. Everyone had a perception that parents are part of the racket and are equally guilty. Until I met the parents, I was also reluctant to take this case as my conscience was not allowing me to defend someone who is remotely involved in any form of child trafficking. However, when I met the parents, my views changed and I deciphered that it was a case not only involving a child trafficking racket but also a case of police brutality/custodial torture on parents who were victims in true sense. We immediately moved a habeas corpus petition before the Hon’ble High Court and got the matter listed on the same day. Subsequently, the 14 day old baby was traced and handed over to the parents. Parents were also given protection from police subject to their participation in the investigation. I learnt my lesson that as a lawyer having a pre conceived notion is not appropriate and one must perform his/her duty to defend its client. For me it was an emotional moment when I saw the baby girl being rescued who could not have survived without her mother. Sometimes the profession gives you the chance to become  Sunny Deol [of Damini Movie] and you should never think twice to accept such a role. To rise and fight for the weak is what about legal profession is for.     

    With continuous reforms in Indian Taxation laws, how do you see the landscape evolving? How do you stay informed about the latest trends, particularly in taxation, and can you recommend any resources for our readers?

    The concept of tax is simple. The government needs money to run the country. Tax statutes keep on evolving to tax such transactions which involve some sense of commerce or business. On the other hand, the assessee or the tax payer will always try to claim a benefit or rebate or deduction on such taxes. This fight is never ending. For example when crypto currencies or online gaming were introduced in the country the tax departments were quick enough to issue notices to levy GST on such transactions. It is at this point when the lawyers come into picture and question the procedures or the levy itself in light of the constitution and the applicable statute. Writs are filed under Article 226 of the Constitution to contest such demands and this cycle goes on. A tax lawyer is hired for the fact that the client may be saved from paying taxes but in accordance of the law and within legal mandates.

    There are dedicated portals like taxsutra, taxmann, taxmanagementindia etc. which keep on sending the updates on a daily basis. When you are in practice, one can easily relate as to which update is relevant with respect to his/her brief. Also, these portals publish articles by industry professionals which keeps you updated about recent disputes and litigation.

    Tax Law is a specialized field. What advice would you give to young, aspiring lawyers who wish to pursue a career in taxation?

    Tax laws, though complex, ultimately test your reading and interpretational skills. Generally speaking, if a lawyer learns tax law in earlier stage of their career then he/she can read and interpret any other laws with less effort. For example when you have already completed a marathon then you will never find a 5K or 10K run a challenge. When you have already tackled the most complex statute you will find some ease in interpreting the other laws.

    Some of the legendary lawyers in the history of Indian Legal System were/are primarily from tax background, such as Nani Palhivala, Harish Salve, Arvind Datar. 

    Balancing a demanding legal career with personal life can be challenging. How do you manage to maintain a healthy work-life balance while meeting the demands of your profession?

    In the beginning of career, I used to work like a frontline soldier. I hardly cared about my health and routine and gave preference to myself only on Saturday and Sundays which were off days in Court. Those days also went in partying or meeting friends.  However, after 6-7 years, this disbalance showed impact on health with weight gain and also high levels of stress and cholesterol. This reduced overall efficiency and had a deep impact on mind. The main issue with beginning any exercise is that if your mind is cluttered or stressed you will find exercising as a burden. Therefore, the first step I took was to reorganise my thought process and then started mild exercises at home. COVID 19 was an eye opener and made me think that if I am not exercising still, being at home then it is entirely my lack of motivation as I was anyway saving 2-3 hours of travelling in lockdown. Therefore, I gradually started challenging myself and started doing pushups. Began with 2-3 in a day to 100 pushups in a day. I started to monitor my heart using a smartwatch and started full-fledged gym. Now this has become a routine. Half of the day is already won when you achieve that adrenaline rush at Gym in the morning. I also play badminton on weekends which is an amazing way to hangout with friends and release stress. 

    However, sometimes when there are back to back hearings in Court across the week, this routine has to be moulded and I try to compensate by lifting some extra kilos on the weekends. On a lighter note, there are many seniors in the Supreme Court who run from court to court faster than the much younger generation. If you cannot keep up your pace with them at a younger age then it is high time to introspect your health.

    Get in touch with ANURAG SOAN –

  • “Law is demanding and requires continuous learning. Be open to mentorship, value hard work, and understand that building a reputable practice takes persistent dedication over time.” – Abhas Mishra, Founder at Chambers of Abhas Mishra.

    “Law is demanding and requires continuous learning. Be open to mentorship, value hard work, and understand that building a reputable practice takes persistent dedication over time.” – Abhas Mishra, Founder at Chambers of Abhas Mishra.

    This interview has been published by Anshi Mudgal and The SuperLawyer Team

    With over 14 years of experience, do you consider law to be a planned choice for you? What was your motivation to pursue this field?

    It was certainly not the case in the beginning. Back in the early 2000s as students of a government school, we didn’t know any better than doing engineering. However, once I started giving the entrance examinations, I realised that I’ll not make it into the elite government institutions, and I felt it would be a waste of time, money, and effort to graduate from a mediocre university. Around this time, a friend mentioned he was taking law entrance exams, which was news to me—I hadn’t known that law colleges had entrance exams! This was pre-CLAT, so each university had its own exam, and deadlines for many had already passed. Among the remaining options, I was waitlisted at a National Law University, which led me to consider alternatives. By this time I became really passionate about Law, Polity and Jurisprudence. I got an admission in DES Law College, Pune and loved it so much that I did not even try elsewhere. Rest, as they say, is history.

    With more than a decade of experience across different sectors, what inspired you to focus on mediation as an additional vertical in your office? Could you share a specific example from your mediation practice where you successfully navigated a particularly challenging dispute?

    Mediation is a relatively new vertical in my chambers. I was selected for mediation training by Samadhan – the Delhi High Court Mediation and Conciliation Centre in 2019 but only qualified in 2022. No, I did not flunk! The pandemic years delayed the process. 

    My interest in mediation grew as I witnessed how timely intervention by expert mediators resolved issues without prolonged litigation. If you follow the news, mediators are being appointed in various disputes including between governments.

    There are many complex mediations and each brings its own unique challenges. Family disputes are often emotionally charged, while corporate disputes tend to involve parties digging their heels in and refusing to change their positions. However, most rewarding mediation for me was one where I got the matter settled between a Music Company and a Government Department. Government officials are often reluctant to settle, fearing accusations of corruption. Navigating this case was challenging due to the power imbalance between the parties, but through structured dialogue over multiple sessions, we managed to salvage the relationship and reach a mutually beneficial agreement.

    During your early years of practice alongside senior advocates, what key lessons did you learn that significantly shaped your legal career?

    My first office taught me the importance of efficiency and understanding all aspects of practice. In a boutique law firm, it is easy to be inundated with work and get burned out. from drafting to filing, handling registry objections, getting matters listed, and even standing in for seniors. This experience made me self-sufficient quite early on in my career. 

    My second office is where I actually felt mentored. Just like me, my senior was also a first generation advocate. When I asked him about which specialisation or field of law should I concentrate on, he told me to “Just be an Advocate” and the clients will determine what they want to engage you for. Working with a senior advocate taught me the art of strategy and patience. Observing his approach to complex cases, I learned that thorough preparation and clear communication are crucial. These early experiences instilled a respect for detail, discipline, and the importance of upholding integrity in advocacy. 

    You also undertake legal-aid activities. How has your experience with the Delhi High Court Legal Services Committee influenced your perspective on access to justice for marginalised communities?

    It has been a rich and rewarding experience. My work with the Delhi High Court Legal Services Committee reinforced my desire for inclusive access to justice. Through this role, I’ve seen firsthand the hurdles that marginalized individuals face. The idea is to ensure that legal aid to the poor is not poor legal aid. Recognizing that equitable access to legal assistance is essential for a fair justice system has deepened my commitment to pro bono work. 

    Having argued various landmark cases and the most recent of them being Balaji Exim v. Commissioner, CGST reported in 2023 (73) G.S.T.L. 350 (Del.). Can you share a few insights with us regarding the key legal principles involved in your approach to the case?

    I don’t think one can plan to get any landmark case. In each case, one should keep an open mind and look at the issue thoroughly from all angles. In Balaji Exim, a critical point was upholding procedural fairness in GST adjudication. The department was implementing a constricted reading of the law in case of Input Tax Credit by denying the recipient benefit because of an ongoing investigation against the supplier. We argued that suspicion cannot be a ground for denial of credit. The court agreed and observed that the accusation of availing fake credit by the supplier could not be a ground for rejecting the petitioner’s refund application of ITC unless it is proved that the petitioner has not received the delivery of goods or had not paid for them. Our approach aimed to balance statutory interpretation with principles that prevent arbitrary power.

    After working with various Law Offices for 4 years you established your own practice. What motivated this transition and what were the initial challenges that you faced?

    There’s never a perfect time to go independent; it’s a leap of faith. As long as one is learning and growing, it’s natural to stay associated with an office. However, at some point of time, we must ask ourselves the hard question. Do you wish to climb the corporate ladder of a firm or fly solo? I was very clear that I enjoy being the counsel the most and that is the most important thing for me. It helped that my senior allowed me to take up my own matters so the transition was not so sudden.

    I started my chambers with a total of 3 good clients. So the initial challenge was to get more clients and make enough money to sustain the people who have decided to be part of your whimsical dream. I spent all my savings on setting up the office and it would have been very easy to call it quits. Fortunately, the staff was cooperative and clients also spread word of mouth. After some years, the next set of challenges emerge which is hiring the right people and putting processes in place so your ability to do everything on your own does not become an inefficient obsession.

    How do you stay updated on the evolving dynamics of Indirect Tax Laws, such as GST, Customs, Central Excise, Service Tax, FEMA, Foreign Trade Policy, Anti-Dumping Duty, and related regulations, particularly from an international perspective?

    Indirect tax is just like any other field of law that requires you to go through recent decisions, amendments and government notifications. The only issue is that these are far more frequent when compared with the traditional fields. Therefore, staying updated involves a multi-pronged approach—regularly reviewing amendments, studying landmark judgments, attending seminars, and engaging with professional networks globally. The practicing advocates of CESTAT also have a very helpful WhatsApp group for new developments in the field. Additionally, I try to follow developments in international politics, as these often influence policies domestically.

    As the founder of your law chambers, how do you ensure effective communication workflow while balancing it with your personal life?

    I prioritize streamlined communication within my chambers by implementing clear protocols and encouraging teamwork. I avoid micro-management as it is very frustrating and time consuming. Instead, I delegate and only follow up on specified deadlines. Since we are a small team, everyone is comfortable directly approaching me in case of an issue they are not able to resolve themselves. On a personal level, I allocate time for family and personal well-being, which helps me stay balanced and focused. Unfortunately, through all this, sleep sometimes is a casualty but I am actively trying to remedy that.

    You frequently visit various law colleges and universities for guest lectures and chairing various competitions. What advice do you give to the younger generation who wish to achieve excellence in the field of law?

    To quote a Louis Armstrong song, “They’ll learn much more than I have ever known”. It is hard to give advice to the younger generation who already have vast knowledge and exposure. But since you have asked for it, my advice is to cultivate perseverance, curiosity, and ethical integrity. Law is demanding and requires continuous learning. Be open to mentorship, value hard work, and, most importantly, understand that building a reputable practice takes persistent dedication over time.

    Get in touch with Abhas Mishra-

  • As a young tax professional, one must try and understand practical nuances of law and significance of or rationale behind any amendment, pay attention to facts of each case, be in regular touch with your clients and understand their business by stepping into their shoes- Brijesh Kothary, Partner at Lakshmikumaran and Sridharan

    As a young tax professional, one must try and understand practical nuances of law and significance of or rationale behind any amendment, pay attention to facts of each case, be in regular touch with your clients and understand their business by stepping into their shoes- Brijesh Kothary, Partner at Lakshmikumaran and Sridharan

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    You’ve had an impressive career in the field of indirect tax advisory, but I’m curious to know what initially drew you to the field of taxation. Could you also share your journey and the factors that led you to pursue law as your career?

    Thank you for taking interest in my career journey. I come from a business family, and as I grew up, the plan was always to brace the entrepreneurial journey, so I pursued commerce as the stream. I started looking after the books of accounts of our firms as I was graduating, which drew me closer to the number game in terms of the financial management and tax planning, and that is when I decided to pursue Chartered Accountancy. 

    During my articleship, as we represented clients before the tax authorities, I saw a scope in pursuing law as a career. I was drawn towards the legal aspect of taxation, since even while defending the clients, we used to always rely on the legal jurisprudence. I therefore decided to develop my legal acumen and use the skills that I acquired during my articleship to step into the legal industry and make the most out of it. The immense support that I received from my family and friends during this phase of my career is unforgettable. 

    Interestingly, when I joined Lakshmikumaran & Sridharan Attorneys, I was the only Chartered Accountant at their Bangalore office. Since then, the journey has been nothing but a rollercoaster, but one which I have thoroughly enjoyed throughout. I consider myself fortunate enough to be able to pursue indirect tax as my core area of practice. And I think the idea to pursue Law along with Chartered Accountancy has been one of the best decisions of my career. Having said the same, I truly aspire to be amongst the leading indirect tax lawyers in the country. 

    As a Partner at Lakshmikumaran & Sridharan Attorneys, you play a key role in overseeing business development and client outreach. Can you tell us about a specific strategy or initiative you’ve been involved in that significantly contributed to the firm’s growth and success?

    This is an interesting question. It is a well known fact that the outcome of business development and client outreach programmes are some of the key indicators to gauge a partner’s performance in law firms. I have been actively involved in such programmes, wherein we quite often discuss and strategize how to identify issues and support clients to structure their business to align with relevant laws. As part of regular business development activities, we try to generate leads and identify new projects in the areas of taxation. These initiatives have steered me to think out of the box and helped me in associating with new clients and securing new assignments from the existing clients as well. 

    I use social media platforms like LinkedIn and other applications to identify potential work opportunities, and also to share my views on issues that the industry may be facing. My regular interaction with business associations and Government’s grievance redressal committees not only helps me update myself with ongoing legal issues but also enables me to act as a medium for exchanging information between the stakeholders. I also try to attend as well as serve as a key speaker in important networking events through webinars or seminars. As a partner, it is my endeavour to offer strategic business development advice to the leadership, practice groups, and other associates who are working to strengthen their ties with the clients. 

    One of the most important things that I have realised throughout my journey is the importance of building trust. If your client does not trust you, they will never come to you. Even while providing them advice on the issues, I try to follow-up with them regularly to ensure that they don’t face any issues in implementation of the advice. I am also very active in updating the clients of any changes that are brought into the law which may have an impact in their business. This sense of involvement in their business has helped me gain their trust and confidence over the years. I strongly believe in building professional relationships with clients, which has worked in my favour over the years. 

    One of your significant achievements was in the implementation of GST (Goods and Services Tax) for various clients across different sectors. Given the complexity of this tax regime, what challenges have you encountered while working with clients from various industries, and how do you navigate these challenges effectively?

    When the GST laws were implemented back in 2017, the industry was caught unprepared. That is when our role as indirect tax practitioners played a key factor in providing requisite support to the clients. I very proactively took up the responsibility of understanding business needs for ensuring a seamless and glitch free implementation and smooth transitioning of the old laws such as Central Excise, VAT and Service Tax into the GST regime. 

    One major challenge that I faced was that as new as the GST laws were for the clients, it was new for us as well. Therefore, understanding the GST laws in depth and to align them with different business models effectively and efficiently with no room for error was a major challenge initially as it required a lot of brainstorming. Maintaining the finest quality of drafts at the shortest turnaround time was another challenge that we overcame as a strong team. However, with time we ensured smooth transitioning of business from the erstwhile laws to GST law. 

    Tax laws are ever evolving, and we often face challenges in implementing them in the dynamic business environment. However, my interest in these laws is such that I try to keep myself updated with every minor change that is brought in, to make sure that when my clients need some advice, I am updated enough to be able to provide them with a well-researched and practically implementable opinion.  

    You provide legal opinions and undertake tax compliance review for your clients. Could you share an example of a particularly complex or interesting case where your expertise in this area made a significant impact?

    Well, I would not like to call this complex, but an interesting judgement of the Supreme Court last year changed the position of a well settled law. The Apex Court in the case of Northern Operating Systems held that secondment of expatriates from foreign group companies to its Indian counterpart constitutes provision of manpower services and thereby leviable to tax. The industry under the genuine belief was not discharging GST. Pursuant to pronouncement of the said Judgement, the Industry has been receiving show cause notices from the Department with a proposal to demand GST along with interest and penalty, right from 2017. Since the volume of transactions is huge it has adversely impacted the Industry as it has become a huge cost for them. We are consistently working on this issue to justify the position and defend the same at appropriate forums to ensure that the issue does not have any further adverse effect on the industry and appropriate relief is provided to them in a time bound manner. I am hopeful that the Government would consider our submissions and come out with an eagerly awaited relief package for the industry.

    You oversee all tax compliances and tax related disputes of your family business. How did this experience in the corporate sector influence your perspective on tax compliance and advisory work, and what lessons did you carry forward into your legal career?

    Well, over the years I have learnt that the tax structure does not drive the business, rather it plays a minute but significant role in the decision making process. My experience in the corporate sector has given me a deep insight into how business decisions are taken. Obviously, the decision-making process in a corporate setup is very different from that of a family run business, but the objective of every organisation remains the same, i.e., to grow by being tax compliant. 

    The major practical challenge comes when I have to implement any advisory by understanding the business from the client’s perspective. The aim is always to be very certain while providing some advice to ensure that even if the same is challenged in the court, I am confident enough to defend the position. It has only taught me the importance of paying attention to every detail, no matter how small it is. An important lesson I have learnt which I strive to carry throughout my career is to never stop learning – every day is new; every day comes with a new challenge and the learning should never stop. I strongly believe that one should always be open to new challenges and opportunities. 

    Lastly, I would also like to state that my team plays a crucial role in my success, and I wouldn’t be able to reach where I am without them. There have been many life-long lessons learnt along the way, but the core of what sticks with me is the significance of having good team building and communication skills, and to believe and encourage your people to deliver results as a team. 

    In your role as a partner and throughout your career, you’ve been involved in recruiting and mentoring juniors. What advice do you have for young professionals looking to excel in the field of indirect tax advisory and taxation law?

    I would like to say to all young professionals that the dynamics of tax laws is very interesting. It is very important to start early and keep yourself updated regularly. You should have a really strong memory bank to remember and apply the legal provisions and important judgments as you interact with the clients or even colleagues. Have a proper repository of all important case laws and keep them handy for future usage. Stay focussed, be on your toes and develop skills to have a quick turnaround time. You may not realise it now, but the skills to have good turnaround time really does wonders in the long run. 

    As a young tax professional, one must try and understand practical nuances of law and significance of or rationale behind any amendment, pay attention to facts of each case, be in regular touch with your clients and understand their business by stepping into their shoes. The scope for professional as well as personal growth of tax lawyers in India is immense considering what a niche field of law this is, so make the most of it. It goes without saying that specialisation in a particular field of law is important, but I also believe that one must have a general understanding of allied laws and regulations which is equally important for professionals who are passionate to excel in the field of indirect tax.

    Your career highlights include providing advisory and litigation support for multinational clients. What advice can you offer to businesses, especially those with a global presence, to navigate the complexities of international taxation and compliance effectively?

    Navigating through the complexities of taxation and compliance can be challenging for businesses with a global presence. It is crucial to have a well-thought-out strategy and a team of experts to ensure you comply with local regulations while optimizing your tax position. I would really like to emphasize to the companies to have a good understanding of local tax laws. Establish a well-documented transfer pricing policy to determine how your transactions with global entities are priced. This helps prevent disputes with tax authorities and ensures compliance with local regulations on Income Tax as well as Customs front. Be aware of any Tax Treaties or Free Trade Agreements between countries. These treaties and agreements can affect the income tax rates you are subject to and the benefits you may receive on import of goods from outside India. 

    As a policy, MNCs tend to invest heavily on advanced accounting and tax technology solutions to manage their global financial data. These practices help them to automate reporting, improve accuracy, and provide insights into their international operations. One challenge I have observed during all these years is the preparedness of MNCs when it comes to submission of documents and records to tax authorities. It is crucial to maintain meticulous records of all financial transactions and relevant documents. Companies can strategize on identifying potential risks and uncertainties in their tax positions and back them with legal opinion from experts wherever necessary. They can also develop risk mitigation plans and strategies to deal with disputes or unexpected changes in tax laws with the help of their in-house counsels or external consultants.

    A fundamental advice I would like to give to the MNCs is to provide tax and compliance training to the employees who are responsible for undertaking financial transactions or dealing in tax matters. This can help prevent inadvertent non-compliance issues. Conducting regular audits and reviewing tax and compliance practices from time to time go a long way to ensure continued adherence to the ever-evolving tax laws.

    Finally, as someone with a wealth of experience in the legal and taxation fields, what advice would you like to give to students and fresh law graduates who are just beginning their journey in the legal profession and may be considering a career in taxation law or advisory?

    Starting a career in the legal profession, particularly in an area of law such as taxation can be both challenging and rewarding at the same time. Few pieces of advice for students and fresh law graduates embarking their journey in this field is firstly to build a strong foundation in understanding general principles of law before specialising in tax laws. You have to be very patient since tax laws are complex and are constantly evolving. Develop a professional network early in your career. Attend legal seminars, conferences and events to get accustomed to tax jargon. This will really help you build your confidence and develop good communication skills. Seek out mentors who have experience in tax laws and never be hesitant to ask for help. 

    As part of the education curriculum, students must work on developing strong research, writing and negotiation skills. Be adaptable in your approach to develop problem solving skills and techniques. Lastly, be humble! Kindness plays a pivotal role in establishing yourself in any firm or organization that you will go to. 

    As a parting remark, I would like to mention that taxation is one of the oldest coded laws, but a niche area of practice and is certainly worth considering as a long term career option.

    Get in touch with Brijesh Kothary-

  • Whilst I do agree that the dynamic nature of tax makes it challenging, that is precisely what also makes it interesting and exciting,Counsel at AZB & Partners

    Whilst I do agree that the dynamic nature of tax makes it challenging, that is precisely what also makes it interesting and exciting,Counsel at AZB & Partners

    This interview has been published by  Priyanka Karwa and The SuperLawyer Team

    Sir, can you please share the story of how you initially became interested in law and what motivated you to pursue it as a career?

    Funnily I come from a family of lawyers, being a fourth generation lawyer from both sides, so the “interest” in law has always been there, however, the journey to pursue the same was not so straightforward. 

    As a kid I always aspired to be a lawyer, however, once I completed my schooling, I decided against it and went abroad to study Business and Public Policy Management. When I came back, I joined a budget hotel as a part of their management team. Long story short, in 2008 the global recession hit and the investors in the business being non-residents wanted to liquidate their investments. That’s when I realised that I needed to have a professional degree handy as a back-up, even if I never wished to practise. I gave the entrance exam for Campus Law Centre, thankfully got through. I chose evening classes since I was working during the days, however, since that did not take up a lot of my time I started assisting in my dad’s office. Just basic stuff like making returns for individuals which led to basic preparation for representation before the appellate authorities. 

    The intrigue came from the dynamic nature of tax law with changes being introduced with every finance bill and the constant tussle between the department and the taxpayer whilst interpreting the same section. By the end of my 3-year course, I knew this was my calling and decided to join the profession.

    With over 10 years of experience in the field of direct tax advisory and litigation, could you highlight a specific case or project that you found particularly challenging and how you successfully navigated it?

    One case which comes to mind is the Honda Trading Corporation case, where I had the privilege to assist in, which was argued over a span of a few days before the Delhi Tribunal and actually led to an amendment being brought into the statute book. As a lawyer, the satisfaction one gets in such matters and the acknowledgement of the same whereby the legislature brings in amendments to overcome the judgement is something which cannot be expressed in words. 

    Tax law is known for its complexity. Could you explain your approach to helping high-net individuals and corporate entities in optimizing tax efficiency and managing compliance issues effectively?

    Firstly, this notion of tax law being more complex than other laws is flawed. If one is honest and diligent in their subject, the complexity is of no consequence. If your basics/fundamentals are strong, nothing can stop you. This is evidenced by the fact that the greatest tax lawyers of the country do not necessarily have a tax background like the great Nani Palkhivala. Whilst I do agree that the dynamic nature of tax makes it challenging, that is precisely what also makes it interesting and exciting. 

    Coming back to your query, the Indian Tax Department is known to be one of the most aggressive departments world-wide, therefore, tax compliance ought to be a key consideration for any businesses. Till what is being done is within the four corners of the law, even if the position being taken is aggressive, should not deter the clients. That being said, one must be mindful of not being unrealistic under the garb of being aggressive. Hence, being primarily from a litigation background, the endeavour is to advice clients whilst keeping in mind the litigation exposures that I foresee and mitigation of the same.  

    You’ve represented clients before various judicial forums, including the Supreme Court of India. Can you share some insights into your strategies for building a successful track record in representing clients in high-stakes tax litigation cases?

    The strategy is very basic and simple. Read – Re-read the files and Repeat!! 

    Be thorough on facts and the relevant legal provisions. Something which I have learnt from my mentor, Mr. Chopra over the years is that till date whenever we discuss any case, his first go is to read the relevant sections even if he has read them a thousand times. Trust me something as basic as reading the relevant provisions can sometimes lead to interpretations which you could not fathom earlier. 

    Secondly, ensure that all the relevant facts/documents are on record. Last but not least, court craft is extremely important in any litigation. Understanding which battle to pick and when to relent is extremely important. Harping on a point which apparently is not working, learn to let go and move on to the next one.   

    Your expertise spans various tax matters, including income tax, corporate tax, international tax, and transfer pricing. How do you keep up-to-date with the constantly evolving tax laws and regulations in these diverse areas?

    First and foremost, read the bible (the Income Tax Act) again and again. I can’t emphasise that enough. Keeping a tab on the ever-changing landscape of tax laws is extremely hard, but I am lucky to be in a team in which our mentor ensures that we earmark time every week to discuss important judgements/circulars etc. which really helps. Plus, over time I have realised that such discussions with every member contributing with their point of view helps expand one’s opinions and understanding.  

    As Counsel, you’ve worked with both domestic and international clients. Can you discuss the unique challenges and opportunities you’ve encountered when advising international clients on Indian tax matters?

    The client comes to you for the value-add you provide. The nationality of the client is of no consequence. The only difference, if any, which I have noticed is that in the cases of international clients, since they are not acquainted with the nature of litigation in India or Indian laws, it is important to be very transparent and clear in all communications and explain the strategy along with its rationale. 

    Finally, considering your successful career and diverse experiences, what advice would you like to offer to fresh law graduates who are just starting their journey in the field of law and tax advisory?

    To be honest and speaking from experience, I would urge all fresh graduates to begin their career with smaller/boutique firms. The kind of learning and experience you will get there is unparalleled. Get the fundamentals clear and understand how things really work at the grass root level. This is something you will never learn in bigger firms. No matter how attractive big tier 1 firms sound, it is not recommended to begin your career there. 

    If your fundamentals are in place, everything will follow and fall into place. It is important to have a good mentor, as it plays an important role in your initial years. Honestly, I feel I have been extremely lucky in that department. I started my career with a boutique tax firm where my senior was known to begin his day at 4 AM. He always told me that by the time the world wakes up, half of his work was complete. So that’s one thing I held on to and till this day, I begin my day very early. Secondly, my mentor Mr. Deepak Chopra has always imbibed in us that you don’t leave your clients in the office. It is important to keep at it till you find the solution or to simply put, the value-add the client came to you for. 

    To sum up, if you are honest to yourself and your work, the world is your oyster. 

    Get in touch with Rohan Khare-

  • Sonam Taneja, Programme Manager, Food Safety and Toxins, on career in indirect tax and Food Safety laws and policies in India

    Sonam Taneja, Programme Manager, Food Safety and Toxins, on career in indirect tax and Food Safety laws and policies in India

    Sonam Taneja graduated from ILS Law College, Pune, in 2010. She currently works with Food Safety and Toxins division at Centre for Science and Environment as programme manager. She has close to eight years of work experience. She also has expertise in Indirect Tax and has worked as senior associate at Lakshmikumaran and Sridharan.

    In this interview, she talks to us about:

    • Her role and responsibilities as Programme Manager –Food Safety and Toxins at Centre for Science and Environment
    • On career in Indirect Tax
    • Importance of mooting in college

    HOW WOULD YOU INTRODUCE YOURSELF TO OUR READERS?

    I am a lawyer, working in the field of food safety policy at one of India’s leading environment policy think tanks. I am passionate about laws and policies that impact the way we eat.

     

    WHAT FACTORS INFLUENCED YOU TO CHOOSE LAW AS A CAREER? WHY DID YOU CHOOSE ILS LAW COLLEGE FOR PURSUING LAW?

    I was a science student in school. While I enjoyed the logical approach in science studies, my interests lay in reading, writing, questioning and public speaking. Apart from engineering, I had applied for English honours and law at ILS Law College. ILS has always had a very good reputation, when I got through ILS, I just went for it!

     

    PLEASE TELL US ABOUT YOUR TIME AT LAW SCHOOL. HOW WAS YOUR APPROACH TOWARDS ACADEMICS WHILE IN COLLEGE.

    ILS has an ‘intellectually stimulating’ environment. There is a strong culture of senior students helping and mentoring juniors. ILS gave us the freedom to spend our time after classes the way we liked. I chose to be a part of several co-curricular and extra-curricular activities at college.

    Coming from a science background, initially, I found theory subjects challenging, but gradually caught up. I had always been an academics-oriented student and my scores did matter to me.

     

    HOW IMPORTANT ARE EXTRA CURRICULAR ACTIVITIES TO A LAW STUDENT.

    I think extra-curricular activities are important everywhere, every time in life. It helps shape a well-rounded individual. ILS has a very good culture of dramatics, dance, music and sports. It was an amazing experience for me to be a part of some of these and closely observe the others.

     

    YOU HAVE REPRESENTED YOUR COLLEGE AT PRESTIGIOUS MOOT COURT COMPETITIONS. HOW SIGNIFICANT IS MOOTING FOR LAW STUDENTS?

    Participation in moot courts can add a lot to one’s confidence in terms of public speaking, thinking on your feet and working under pressure. I have applied those learnings very often in my professional life.

    But then, nothing is a one-size-fits-all solution. I believe one should continue to get out of one’s comfort zone, whatever be the route. Moot courts were challenging for me and participating in them was my way of pushing myself.

     

    HOW DID YOU SECURE YOUR FIRST JOB? HOW IMPORTANT DO YOU THINK A HIGH CGPA/PERCENTAGE IS FOR RECRUITERS?

    I was interning at the Delhi office of Lakshmikumaran & Sridharan in my final year and that is when I got an offer. I think marks can reflect sincerity in a candidate to recruiters, but if I was recruiting, I would keep my cut-off for marks at just average and look for a candidate with the right attitude and a learning aptitude.

     

    WHAT WOULD BE YOUR ADVISE TO READERS WHO ARE INTERESTED TO PURSUE INDIRECT TAX IN THEIR CAREER?

    Indirect taxation has recently seen a makeover since the inception of Goods and Services Tax. I am not in the field right now, but for those interested, I think this would be a great time to be in the field and see a new law shaping up.

    Lawyers play a very crucial role in this field but atleast in ILS, taxation was an optional subject, indirect taxation being just a part of it. If one is interested, getting the exposure during law school by way of diplomas and optional subjects is a good starting point. Another crucial step is to plan internships with good law firms practicing the subject.

     

    HAVE YOU EVER FELT THE NLU AND NON- NLU DIVIDE? DO YOU THINK IT IS A CONSIDERATION FOR EMPLOYERS?

    Thankfully, no. LnS is a great place to work in many ways including this one. Hard work and merit is valued there and I didn’t feel any NLU and non-NLU divide.

     

    PLEASE TELL US ABOUT YOUR CURRENT POSITION AS PROGRAMME MANAGER, FOOD SAFETY AND TOXINS AT CENTRE FOR SCIENCE AND ENVIRONMENT. WHAT ARE YOUR ROLES AND RESPONSIBILITIES?

    I have been working in this position for over two years now and to say the least, it has been an amazing experience. I love the field of food related laws and policies. At CSE, I work on policy issues relating to organic farming and organic food in India, labelling and advertisement of packaged food, regulation of pesticides in India and pesticides’ residues in food etc. We closely analyse legal and policy developments relating to these subjects and based on our research of international best practices, we comment on new regulations and policies.

     

    WHAT ADVICE DO YOU HAVE FOR OUR READERS, WHO ARE PRIMARILY COLLEGE STUDENTS?

    Law is a beautiful field and it opens a lot of doors for us lawyers. It is crucial to love what you do and in order to know that, it’s a great idea to explore the professional options that being a lawyer gives you. College is a great time for that. It’s important to get out of your comfort zone and try new things.

    Prioritising and managing time is very crucial.

     

  • Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal, Managing Partner, Nitya Tax Associates, on being a CA + Lawyer and practice in Indirect Taxes

    Puneet Bansal graduated in B. Com. from Hansraj College, Delhi University in 1998 and thereafter he acquired an LL.B degree in 2007 by eking out time for the evening classes of Campus Law Centre of Delhi University. Over the course of his highly successful career he has worked as a Partner at Lakshmi Kumaran & Sridharan as well as BMR Associates. He is at present a Managing Partner at Nitya Tax Associates.

    In this interview he tells us about:

    • Chartered Accountancy – his time in college, the contours of the course and tips to ace the entrance exam.
    • The work in an advisory practice, his law degree and experiences as a Partner at two firms.
    • The importance and convergence of law and taxation, advice for Tax Law enthusiasts, his views on the GST and setting up Nitya Tax Associates.

     

    How would you introduce yourself to our readers? Please tell us about your family and childhood.

    I was born and brought-up in a middle class family. My father is a business man and mother is a house maker. Being in a middle class household, my upbringing was normal. I was a pretty average student till Class X.

     

    Were you always clear about your career plans considering you pursued commerce in senior secondary and went on to graduate from Hansraj College, Delhi University in B.Com?

    Never. I choose Commerce in Class XI as I was not interested in Science and Arts. It was in Class XI that I developed an interest in studies and started doing well. Since my marks in Class XII were good, I joined Hansraj College. I didn’t have any career plan till then.

     

    How did you manage college with your CA preparations?

    One of my uncles filled the Chartered Accountancy form and that’s how I started doing CA. Indeed, CA used to be a tough course earlier as well. I used to go to college in the first half and come back to the CA firm in the second half when I was interning. It was a tough 3 years of managing both studies and internships.

     

    Please tell us about your CA Articleship. What was the application procedure? How competitive was it to secure an Articleship? What was the work assigned to you?

    I did an internship in a medium-size CA firm. My senior in the CA firm was a family friend so I got the internship with ease. I did accounting, company law and Income tax related work during the internship. Importantly, I was not at all exposed to indirect taxes during my internship which is my area of profession now. The period of my internship was a thorough enjoyment and was my first chance to peek into the professional services space.

     

    You graduated from Hansraj College in 1998 and finished your CA course in 1999 with an All India Rank. Please enlighten our readers with some valuable tips to ace the CA examinations.

    I cleared all CA exams in the first go and was the All India 27th rank holder in the CA final. I have followed one rule for preparation for CA exams, and in fact, now as well when I am practicing on my own I abide by it and that is ‘whatever you do, do with passion and then everything will fall in place. Otherwise do not do it’. I was always interested in understanding concepts rather than clearing exams. The conceptual clarity in all the CA final subjects only helped me in clearing the exams.

     

    puneet-bansal-2

    Our readers would like to know about your initial days as a CA professional. Could you share with us any interesting anecdotes?

    When I became a CA, I thought that life henceforth would be easy. But I was confronted with reality soon and realized clearing CA is the start of struggles in one’s professional career. Clearing the CA exam only opens the gates to the professional world. At each stage of our professional lives, we need to prove ourselves with hard work and competence.

     

    Was it difficult for you to shift to a new place of work, which was primarily a law firm? Please tell us about your work experience at L&S.

    (Puneet joined Lakshmikumaran & Sridharan in 2003 as a Chartered Accountant in their indirect tax litigation practice.)

    Indeed. I was working in Maruti Udyog and suddenly decided to shift to L&S. My family was stunned and couldn’t understand my decision. Also, the decision to shift from an Industry to a Law firm was a big change in my career. Working at L&S was a great experience. It was a close knit family environment comprised of competent professionals. Initially I did litigation, and later, set up their advisory practice. It was 9 years well spent in my career.

     

    In 2004, you joined Delhi University to pursue law. What was the driving force behind this decision?

    As I was working in L&S and wanted to make a career in litigation, I decided to do law. The admission procedure at the Delhi University required clearance of an entrance test. Clearing the entrance test was not tough.

     

    Please tell us about your law school days. Did you participate in any student activities? How active were you in other college activities?

    I did law from the Campus Law Centre, Delhi University evening batch, so I used to attend the classes and write the exams. As I was working full time in L&S, I didn’t participate in student or college activities during my law school days.

     

    How helpful was your law degree in terms of the added legal perspective to your existing knowledge? What career advantages did it bring?

    (Puneet qualified in Law in 2007, after that he continued with L&S.)

    The law degree really helped in giving me perspectives on the Indian Constitution and various other Commercial laws. I would recommend it as a “must do” if one needs to practice tax. Further, the law degree opens an opportunity for you to appear in the High Court and Supreme Court.

     

    What work does advisory practice include? What were the added responsibilities as a partner of one of the leading firm in indirect taxes?

    (After establishing the advisory practice of L&S, Puneet headed this team as a partner from 2010 to 2012.)

    The advisory practice involved advising clients on Indirect Tax issues involving legal interpretation, structuring business models etc. As a Partner of a large law firm, I was responsible for advising leading corporates of India. I also had the responsibility of managing a team of 10 – 12 professionals.

     

    Please share with us your work experience at BMR.

    (In 2012, Puneet joined BMR & Associates LLP as a partner.)

    My professional journey wouldn’t have been complete without joining BMR. It was a totally different way of practicing when compared to a law firm. The advisory practice was more focused on bringing legal, practical and implementable solution for clients. Furthermore, I really liked the professional practices in BMR. Overall, it was a great experience.

     

    How important is taxation as a subject for law students? What advice would you give our readers to consider taxation as an area of practice?

    Taxation is a very important subject for law students especially if one is focused on commercial laws. Taxation plays a key role in business transactions and has the effect of making and breaking the business. The current times are most exciting times for tax professionals with so many things coming up or growing up, be it GST, Transfer Pricing, International Taxation etc. This is right time to be in the taxation field.

     

    What issues did you face while setting up Nitya Tax Associate? Our readers would love to know about the significance of “Nitya” in the firm’s name.

    (Puneet recently founded an independent indirect tax boutique “Nitya Tax Associates” at New Delhi.)

    The decision to start Nitya was an attempt to create something on our known outside a framework of large firm. In professional services firm, only two things are important – clients and people. Some of the leading corporates have reposed faith in us and the going has been good till now. There were initial challenges on getting good people but now, we have a good team.

    The name ‘Nitya’ has its origination in the Sanskrit word and stands for ‘continuity’ / ‘eternity’. The name is a reflection of our belief and commitment to be available to our clients.

     

    Please introduce us to your team. What plans do you have to take forward Nitya Tax Associates, in terms of workforce as well as setting up branches in other major cities of India?

    We have a good team with some members with experience ranging from five to eight years. Kulraj Ashpnani, Deepak Suneja and Gaurav Narula have worked in large and reputed professional services firms. As of today, we are twelve professionals -a mix of Accountants and Lawyers. As of now, our focus is on NCR though we continue to cater to clients in other parts of India. For the next one, two, years, we plan to operate from Delhi and to strengthen our foothold first.

     

    What are your views about the upcoming GST regime?

    The GST will significantly simplify the indirect tax regime. During the first few years, it will open a floodgate of opportunities for professionals be it accountants or lawyers.

     

    What are the preferred legal issues you like to work on? Do you have any hobbies that help you unwind after a long day at work?

    Working on complex Indirect Tax issues for large manufacturing clients is my favorite as of now. I also enjoy doing litigation. Spending time with my kids and watching Hindi movies really helps me unwind.

     

    What would be your parting message for our readers?

    It does not matter what career you choose, but whatever you choose, do it in the most exemplary way and then everything will fall in place. Success is not a destination; it is a never-ending journey.