Tax litigation is an act of settling disputes arising from non payment, sort payment or delayed payment of tax under GST act, Customs act, Income Tax act by the taxpayers and inaccurate calculation of tax, assessment, scrutiny, evasion of tax, etc.
Prosecution proceedings can be initiated against the taxpayer under the Income-tax Act,1961, for certain offences :
Failure to pay the tax deducted or payable under certain provisions.
Wilful attempt to evade tax, etc.
Wilful Failure to furnish return of income.
Wilful failure to produce accounts and documents under proceedings.
False statement in verification or delivery of false account or statement, etc.
Falsification of books of account or document, etc.
Some offences and penalties under the Goods and Services Tax Act:
Issue false invoice
Collect tax amount but fail to pay the same to the government
Issue invoices without of supply of goods and services or both
Collect any tax in contravention of the provisions of this Act but fails to pay the same to the Government
Fail to deduct the tax in accordance with the provisions of sub-section (1) of section 51, or deducts an amount which is less than the amount required to be deducted
Fails to collect tax in accordance with the provisions of sub-section (1) of section 52, or collects an amount which is less than the amount required to be collected
Take or utilise input tax credit without actual receipt of goods or services or both
Fraudulently obtain refund of tax
Fail to keep, maintain or retain books of account and other documents
Tamper with, or destroys any material evidence or document and so on
A commercial litigation is a process of resolving disputed transactions arising in between an individual and a business or between two individuals or businesses. The disputes may arise in import, export, sale, purchase, hire, lease, rent, repair and maintenance, contract agreement, insurance of goods and/or services, etc.
A controversy arising between a worker and an employer or a trade union and employer in respect of the application of labour laws.
A negotiable instrument means a promissory note, bill of exchange or cheque payable either to order or to bearer. The dispute arises when negotiable instrument is dishonoured or money is not paid on time.
Banking lawsuits
Disputes may arise out of bank guarantee, corporate guarantee, bills of exchange, letter of credit, mortgage of property, import and export bills payment
Disputes may arise out of cash credit or overdraft facility.
Disputes may arise out of failed to meet repayment obligation to lander bank after sanction order passed
Default in payment of credit facility
Bank Account is under NPA
Bank account transferred from home branch to another branch with consent of account holder
Dishonour of cheque
Credit card dues
Frozen of account without proper information
Disputes non payment of EMI due to financial crunch
Account marked lien without issue of proper notice
Non payment of funds laying in deceased account to nominee or legal hair
Disputes arising out of an auction of residential or commercial properties of defaulters to recover loans.
Insolvency proceedings and so on.
Criminal offence
Non-cognizable offence are relatively less serious nature like defamation, public nuisance,etc
Cognizable offences are typically serious in nature such as murder,rape, kidnapping, etc.
Criminal proceedings
Police complaints
FIR
Bail matters
Case trial
Civil disputes
Company matter
Memorandum of association / Article of association
Director and shareholders disputes
Service contracts and duties of directors
Real estate and property
Property disputes under various acts : Transfer of property act, Land acquisition act, Land reform act, RERA and Consumer protection act
File complaint for the client before the adjudicating authoring against the real-estate company and builder.
Fight and represent the real-estate company before the court or regulatory authority and so on.
Economic offence cases related to cheating, forgery, criminal misappropriation of money
Cyber fraud cases
Tax evasion cases
Fraud cases
Bribery cases
Money laundering cases
Forgery cases
Motor vehicle accident claims
Insurance claims
Fatal accidents
Consumer rights and protection
so on