Category Archives: Uncategorized

Laws relating to DGFT, SEZ, Textile Park,100% EOU/HTP/EHTP/STP/BTP/s,Customs,Central-Excise,Service Tax, Drawback etc.

ArbitrationAMAR LEGAL is a distinguished entity on all the matters relating to SEZ Act, 2005, Foreign Trade (Development & Regulation) Act, 1992, Foreign Trade Policy, Anti-dumping, Customs, Central-Excise, Service Tax, Drawback, Foreign Exchange, TUF, Textile Park, HTP/EHTP/STP/BTP,Town Of Export Excellance  and 100% EOUs etc. We undertake following services for our clients:

•Advisory Service on all matters of Foreign Trade Policy,HTP/EHTP/STP/BTP,TUF,Textile Park, 100% EOU,FTDR Act, SEZ, Foreign Exchange, Customs,Drawback, Central-Excise, Service Tax , Anti-dumping etc.
•    Periodical audit of export import documentation, export incentives, proper availment and utilisation of export incentives, statutory compliance related to various provisions and conditions of SEZ Act, 2005, Customs, Central Excise, Service- tax, Drawback, Foreign Exchange, Foreign Trade (Development & Regulation) Act, 1992, Foreign Trade Policy, Advance Authorisations, DFIA, Scheme of Status Holders, VKGUY, FMS, FPS, MLFPS, SHIS,SAIS and EPCG Authorisations etc.
•    Drafting representations/replies to letters, notices issued under provisions of SEZ Act, 2005, Customs Act, Central Excise Act, Service Tax Act, FTDR Act, 1992, FTP and conditions under licences and authorisations etc.
•    Representing to defend interests of our clients before various authorities such as SEZ, DGFT, Anti-dumping, Adjudicating Authorities, Appellate Authorities, Appellate Committees, Executive Authorities and Committees in various Government Departments.
•    Assisting and advising our clients in trading/transfer of several transferable authorisations and scrips ie.VKGUY,FPS,FMS,MLFPS,SHIS, and DFIA etc.
•    Assisting clients to set up SEZ unit and compliance of day-to-day law, rules and procedures.
•    Assisting and advising our clients to set up and debond HTP/EHTP/STP/BTP/Textile park and their day to day business and compliance of related rules,procedures and laws.
•    Assisting clients to set up 100% EOUs, debonding of 100% EOUs under EPCG and Advance authorisation schemes, conversion of DTA unit into 100% EOU and vice-versa, and day-to-day business and compliance of law, rules and procedures.
•    Assisting and advising clients on the matters related to fixation of SION and adhoc norms for their exports products, rationalization of Drawback rate, fixation of all industry/brand rate of drawback, rationalization/inclusion  of their exports products under FMS/FPS/MLFPS/VKGUY etc.
•    Assisting clients in obtaining IEC Code numbers, export/import licenses for export/import of negative list items  export incentive licences, authorisations, scrips and regularization of EO default and other violations under Foreign Trade Policy.

Assistance and advice on all areas across industrial sectors.

Assistance and advice on all areas across industrial sectors2We help our clients on various issues including regulatory compliances, FDI, industrial licensing, taxes, regulations related to industry and labour, Government and institutional approvals, mergers and acquisitions, divestitures, joint ventures, and strategic alliances. litigation and arbitration matters have involved product liability, consumer fraud, supplier relationship, intellectual property, labor relations, antitrust and competition, workplace and employment issues.

Laws on Arbitration/Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR)Our services include :
• Domestic arbitration under the Arbitration and Conciliation Act 1996 and ICA rules. 
• International arbitration under UNCITRAL and ICC Rules.
• Representing clients before High Courts and Supreme Court in arbitration petitions, Arbitrary Tribunals. 
• Draft arbitration agreements and clauses.

Laws on Environment

Environment LawWe deal with environmental laws related rules and regulations, incentives including tax credits, grants and land use, carbon trading, No Objection Certificates and the matter concerning the Environment (Protection) Act, 1986, The Water (Prevention and Control of Pollution) Act, 1974, The Air (Prevention and Control of Pollution) Act, 1981, The Public Liability Insurance Act, 1991, Biological Diversity, 2002 etc.

Laws on Foreign Investment & Regulation

Foreign-Investment-RegulationWe assist our clients in all Foreign Direct Investment (FDI) matters in obtaining necessary approvals from concerned authorities such as Foreign Investment Promotion Board (FIPB), Director General of Foreign Trade (DGFT), Department of Industrial Policy & Promotion (DIPP), Secretariat for Industrial Assistance (SIA), and Reserve Bank of India (RBI) etc. We also assist clients in Industrial licensing, Government contracts, transfer of technology and licensing and repatriation. We also handle all matters relating to mergers & acquisitions, private equity, joint venture agreements, international securities and capital markets transactions, raising capital by way of FCCB’s, ADR/GDR, establishing a Liaison Office, Branch Office, Representative Office, Joint Venture, Wholly Owned Subsidiary, Holding Companies and Acquisition of an existing company and also matters relating to imports and exports, FEMA etc..
We also carry out due diligence and feasibility analysis of probable collaborators for our clients. We draft various agreements such as joint venture agreement, shareholders agreements, share purchase agreements, memorandum and articles of association of joint venture companies for our clients. 
Areas of our representation includes:
•    Supreme Court. 
•    High Courts.
•    District Courts. 
•    Consumer Disputes Forum (National, State, District). 
•    Company Law Board. 
•    All Tribunals including Customs and Excise.
•    Central Administrative Tribunal.
•    All Adjudicating authorities.
•    All applicable forms – (FORUMS).
•    All executive authorities and departments


Laws on Litigation.

Litigation(a)    Civil Litigation. 

We cater to the needs of our clients in all areas of civil and commercial litigation. We represent our clients in an array of matters such as-

•    Constitutional Law. 
•    Family Law.
•    Company Law. 
•    Service Law. 
•    Banking and Finance Laws.
•    Insolvency. 
•    Consumer Law. 
•    Recovery Suit. 
•    Property Suit. 
•    Disputes related to Contracts/Agreements. 
•    Intellectual Property Laws. 
•    Labour and Employment Laws. 
•    Tax Laws. 
•    Environmental Law. 
•    Health Care Litigation. 
•    Wills and Probate. 
•    Enforcement of Decrees.
•    Enforcement of Foreign Decrees

Our services include- 

•    Special Leave Petitions. 
•    Transfer Petitions.
•    Writ petitions. 
•    Appeals. 
•    Matters pertaining to appointment of Guardian and Custody of children.
•    Custody Claims.
•    Suits for injunctions. 
•    Recovery Suits. 
•    Execution and objections of arbitral awards. 
•    Consumer Complaints. 
•    Partition suits. 
•    Property disputes. 
•    Proceedings under the Public Premises(Eviction of unauthorized occupants) Act.
•    Suits for eviction, mesne profits, and damages.
•    Suits for specific performance of contract.
•    Suits under the Indian Partnership Act. 
•    Suits relating to infringement of Intellectual Property. 
•    Trust. 
•    Suits for Mortgage claims. 
•    Suits for Insurance claims. 
•    Motor accident claims before MACT. 
•    Suits for Personal injury claims. 
•    Service matters. 
•    Labour disputes.
•    Proceedings before the EPF Appellate Tribunal.
•    Health care litigation. 
•    Environment related cases.
•    Petitions before the Company Law Board (CLB) for oppression and mismanagement, winding up, etc. 
•    Proceedings under the Monopolistic and Restrictive Trade Practices Act, SICA and BIFR. 
•    Proceedings before the Debt Recovery Tribunal (DRT).
•    Matters under section 138 Negotiable Instruments Act 1881. 
•    Real Estate and Construction disputes. 
•    Proceedings related to telecommunications before Appellate Tribunal under TRAI. 
•    Summons.
•    Legal Notices

b) Criminal litigations.
•    Quashing of FIR.
•    Criminal Writs. 
•    Criminal Complaints. 
•    Domestic Violence. 
•    Bank/Financial Institutions Fraud and Forgery. 
•    Misappropriation of funds. 
•    Embezzlement. 
•    Violation of Intellectual Property Rights /Cyber Laws. 
•    Piracy. 
•    Dishonour of Cheques. 
•    Criminal Breach of Trust. 
•    Cheating. 
•    FEMA violation. 
•    Narcotics and Drugs violations. 
•    Bails. 
•    Trial.
•    Evidence.
•    Suspension of Sentence. 
•    Appeals. 
•    Revisions

c)   Corporate Crimes.

We assist our clients in mitigation of Corporate Crimes like:
•    Antitrust violations. 
•    Computer and internet fraud.
•    Credit card fraud.
•    Phone and telemarketing fraud. 
•    Bankruptcy fraud. 
•    Healthcare fraud. 
•    Environmental law violations. 
•    Insurance fraud. 
•    Tax evasion.
•    Financial and securities fraud. 
•    Insider trading. 
•    False and misleading advertising. 
•    Illegal exploitations of employees. 
•    Mislabeling of goods. 
•    Violation of weights and measures.
•    Selling adulterated foodstuffs. 
•    Evading corporate taxes. 
•    Misappropriation of funds. 
•    Embezzlement. 
•    Black marketing.
•    Profiteering and hoarding. 
•    Work place crimes. 
•    Smuggling and violation of foreign exchange.
•    Data theft



Laws on Natural Resources & Mining

Natural Resources & MiningminingWe deal in all mining laws including The Mines Act, 1952; The Mines Rules, 1955; Mines Rescue Rules, 1985; Coal Mines Regulations, 1957; The Oil Mines Regulations, 1984; The Mineral Concession Rules, 1960..
We assist the clients in negotiating, drafting and vetting agreements such as joint ventures for coal mining projects, coal import and marketing agreements, leasing agreements for mining and quarrying, sub contracting agreements, coal supply agreements, drilling contracts  and all other areas related to the mining sector etc.

Laws on Power And Energy

Power And EnergyWe assist our clients in negotiating and drafting the project documents, including Concession Agreements, EPC Contracts, O&M Contracts and financing and security documentation, Power Purchase Agreements, Fuel Supply Agreements, Land Agreements, Construction Agreements, Production Contracts, Implementation Agreement, and BOOT projects. 
We assist our clients on matters related to tax, loan, insurance and guarantee, counter-guarantee documents, joint venture, joint operation and maintenance agreements, opportunity exploration memorandum of understanding and related agreements, regulatory and environmental compliance.

Laws on Mergers & Acquisitions.

Mergers & AcquisitionsWe help our clients on structuring mergers and acquisition including structuring issues, drafting transactional documents, compliance with regulatory requirements, government approvals, statutory filings, methods of restructuring and business formation including joint ventures, mergers, acquisitions, demerger / spin-off a division into a separate company, buy-back of shares, leveraged buyouts, slump sale, reduction in share capital, winding-up and repatriation of the proceeds, tax benefits after restructuring, due diligence in intellectual property due diligence.
  We help in drafting Share Purchase Agreements, Shareholders Agreements, Joint Venture Agreements, non-compete and non-disclosure agreement, escrow agreement, stock swap agreement, scheme of arrangements for companies to be placed before High Courts.


Laws on Taxation

Tax-lawa. Indirect Taxation. 
We provide comprehensive services on Indirect Taxes viz., Customs Duty, Excise Duty, Sales Tax/ Value Added Tax/Central Sales Tax, Entry Tax, Service Tax, Octroi Duty , Anti-dumping duty, Safeguard duty, 100% EOU, SEZ, STP, HTP, BTP, EHTP, Textile Park, TUF, Transfer Pricing etc. in a varied range of tax issues, from complicated cross-border transactions to tax exemption qualification and assisting multinational clients on Double Taxation Avoidance Treaties (DTAA).
We represent our clients before Government Taxation Authorities, Appellate Authorities, High Courts, the Supreme Court of India and other Tribunals, before the Director General of Foreign Trade, Department of Revenue, Central Board of Excise and Customs, RBI, Ministry of Commerce, Ministry of Finance and other appropriate authorities.
b. Direct Taxations.
We assist our clients in all matters related to Direct Taxation representing theme before the Income Tax Authorities and Income Tax Tribunal: