Prateek Bansal

Partner

Email - prateek.bansal@whiteandbrief.com

Phone- +918097657089

Prateek Bansal is a Partner in the Taxation practice at the firm. Prateek is a qualified lawyer enrolled with the Bar Council of Maharashtra and Goa. With over 10 years of experience, Prateek’s area of expertise is indirect taxes including GST, Customs & Foreign Trade Policy, and erstwhile Service Tax, VAT and Central Excise. Prateek is actively engaged in providing advisory and litigation services to various Indian and Multinational clients and proficiently represents them in proceedings before various judicial and quasi-judicial forums. Prateek has assisted several clients in their informed adaption to the GST regime and continues to diligently work with his client base on advisory and tax management consultations on a day to day basis. Additionally, Prateek is actively engaged in undertaking tax review and structuring exercises for his clients.

Prateek has also been a part of various advocacy related initiatives before various Government Authorities including Ministry of Finance, Ministry of Commerce & Industries, etc. in relation to various taxation and regulatory aspects.

In addition to indirect tax and customs, Prateek has been involved in a wide range of trade allied advisory services in niche areas of Legal Metrology, Consumer Protection, Drugs and Cosmetics, FSSAI law, Bureau of India Standards, etc.

Prateek has advised and represented clients across notable sectors such as Real Estate, Entertainment, Hospitality, Healthcare, Pharmaceuticals and Chemicals, Gems & Jewellery, Food Processing and Retail amongst others.

Prior to joining the Firm, Prateek was a part of the tax team at Economic Laws Practice, Mumbai.

Indicative Matters & Experience

GST IMPLEMENTATION

Assisted, advised and provided handholding support to various leading companies engaged in sectors to various leading companies engaged in sectors such as real estate, media and entertainment, hospitality and food processing amongst others in transitioning to the GST regime.

GOVERNMENT ADVOCACY UNDER GST

  • Assisted and represented Industry Associations engaged in sectors such as media, entertainment and hospitality amongst others in making representations to the Ministry of Finance (India) and GST Council for lower/ benign GST rates.
  • Successfully provided advocacy to the multiplexes and cinema owner’s associations in representations before various State Government authorities for the grandfathering of exemptions/ rebates under GST regime.
  • Assisting and advising Industry Associations engaged in sectors such as pharmaceuticals and Infrastructure in preparation / computation of data to be furnished to Remission of Duties and Taxes on Export Products (‘RODTEP’) Committee and representing such aggrieved associations before the RODTEP Committee and Central Board of Indirect Taxes and Customs (CBIC).

ONGOING SUPPORT UNDER GST

Providing ongoing assistance and tax advisory to leading companies engaged in sectors such as organizing sporting events, pharmaceuticals and chemicals,etc.

Litigation Under GST And State Levies

  • Advising and representing a real estate company in anti-profiteering writ proceedings before the Hon’ble Delhi High Court.
  • Advising and representing a renowned cricket league franchise before the GST authorities of two Indian States in a dispute relating to appropriate place of GST registration and on the issue of reversal of input tax credit pertaining to supply of services liable to GST on reverse charge basis.
  • Counselling clients in challenging the budgetary support scheme under GST which is issued in lieu of are based exemptions available under the erstwhile indirect tax regime .

ERSTWHILE INDIRECT TAXATION REGIME

  •  Handling litigation matters pertaining to the erstwhile indirect taxes regime including but not limited to drafting and filing of statutory correspondences, filing appeals before the Customs, Excise and Service Tax Appellate Tribunal (‘CESTAT’) and writ petitions with various High Courts.
  •  Advising, representing and providing strategic counsel to leading pharmaceuticals and food processing companies in various issues under Value Added Tax and Central Sales Tax, including disallowance of branch transfers in origin States and refund / set-off from the destination States.
  • Advised and represented a leading cricket league franchisee and media & entertainment company regarding levy of Service Tax on revenue-sharing arrangement before adjudicating authority and CESTAT.
  •  Advised and represented a multinational chemicals company before adjudicating authority and CESTAT regarding reversal of CENVAT Credit availed in relation to input services utilized for trading activity and taxable output services.

CUSTOMS AND FOREIGN TRADE POLICY

  • Effectively undertook comprehensive review of customs classification of products imported and exported by a leading pharmaceutical company.
  • Handling litigation proceedings of various leading pharmaceuticals and chemicals companies before the Customs authorities in issues pertaining to violation of ‘pre-import’ condition for availing IGST exemption against Advance Authorization license.

 

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