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3rd annual India Tax Forum 2012 Why attend? • Gain practical solutions on how to adjust your tax strategy for 2013 and beyond and maintain a healthy relationship with the authorities • Understand the implications of the GAAR • Improve your controversy management functions • Develop the best structure for your M&A activity • How to reduce persistent concerns with residency • Learn why substance over form is more important than ever • Hear from leading tax professionals on Indian corporate, international and indirect tax • Enhance your sectoral understanding of the GST Visit: www.internationaltaxreview.com/IndiaTaxForum2012 Call: +852 2912 8038 Email: [email protected] To register, or for more information: September 5-6, 2012 – Taj Mahal Hotel, New Delhi Sponsors Supported by

India Tax Forum M&A 2003(SO) · Anish Mehta, Partner, BDO Sharad Shah, Partner, BDO Parthodas Gupta, Partner, BDO Abhishek Chawla, Head of India Tax, Xerox Sriram Iyengar, Senior

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Page 1: India Tax Forum M&A 2003(SO) · Anish Mehta, Partner, BDO Sharad Shah, Partner, BDO Parthodas Gupta, Partner, BDO Abhishek Chawla, Head of India Tax, Xerox Sriram Iyengar, Senior

3rd annual

India Tax Forum 2012Why attend? • Gain practical solutions on how to adjust your tax strategy for 2013

and beyond and maintain a healthy relationship with the authorities• Understand the implications of the GAAR• Improve your controversy management functions• Develop the best structure for your M&A activity• How to reduce persistent concerns with residency• Learn why substance over form is more important than ever• Hear from leading tax professionals on Indian corporate, international

and indirect tax• Enhance your sectoral understanding of the GST

Visit: www.internationaltaxreview.com/IndiaTaxForum2012 Call: +852 2912 8038Email: [email protected]

To register, or for more information:

September 5-6, 2012 – Taj Mahal Hotel, New Delhi

Sponsors Supported by

Page 2: India Tax Forum M&A 2003(SO) · Anish Mehta, Partner, BDO Sharad Shah, Partner, BDO Parthodas Gupta, Partner, BDO Abhishek Chawla, Head of India Tax, Xerox Sriram Iyengar, Senior

India Tax Forum 2012September 5 – 6 • Taj Mahal Hotel, New Delhi

08.30 Registration

09.00 Opening remarks Jack Grocott, Editor, International Tax Review

09.10 Keynote addressPromila Bhardwaj, Director General of Income Tax (International Taxation & Transfer Pricing), Government of India

09.30 Transfer pricing focus An amendment to the Income Tax Law means taxpayers can useany method to justify their transfer pricing arrangements, whichdemonstrates a significant relaxation in the authorities’ approach.Find out what this, and a series of other significant transfer pricingchanges, mean for your business.

• How to manage new domestic TP rules• What’s the best methodology for your industry • Challenges and opportunities of APAs• Where to find the best comparables• How to manage your intangibles David Bowen, Global Transfer Pricing Practice Leader, GrantThorntonKarishma Phatarphekar, Transfer Pricing Practice Leader, GrantThorntonRN Dash, ex-Director General of Income Tax (InternationalTaxation), Government of IndiaKamlesh Varshney, CIT (APA), Income Tax Department,Government of India Ankur Saluja, Vice President, GE COE11.00 Coffee and tea

11.30 Looking beyond Vodafone Back in January, taxpayers around the world breathed a sigh ofrelief when Vodafone won it’s long-running Indian tax battle,ending one of the most controversial tax disputes involving thetaxation of international transactions. However, what happenednext was to put India’s tax system back on the map. Discover whyIndia’s decision to retroactively tax similar transactions goingback 50 years should be your biggest concern.

• How to avoid becoming the next Vodafone• What the Supreme Court ruling means for your business • Will your deal be retrospectively investigated?• Is the government the new Supreme Court?• What is your legal position if your case is reopened Sunil Shah, Deloitte Haskins & SellsRajiv Anand, Deloitte Haskins & SellsGC Srivastava, ex-Director General of Income Tax (InternationalTaxation), Government of IndiaPallav Gupta, Head of India Tax, ITCNavin Jain, General Manager, Tax, Cairn India Group

13.00 Lunch

14.00 Navigating Indian tax riskThe way corporates handle their tax affairs varies from business tobusiness and effectively managing the complexity, challenges and risksof the Indian tax system differs across industries. With technology, youcan automate every step of your tax & accounting function to achieveaccurate, seamless tax compliance. Learn how you can leveragetaxation software to:• Analyse intercompany transactions in accordance with your internal

transfer pricing policies, and meet the documentation requirementsof revenue authorities around the world.

• Improve cashflow and mitigate indirect tax errors.• Standardise and automate all tax processes, including planning to

provisions, returns preparation, and audit response.

Sam Reeves, Director of Client Services, Thomson RuetersJack Grocott, Editor, International Tax Review

15.30 Coffee and tea

16.00 How to manage tax disputes in India Tax litigation in India has been described as inevitable. This does nothave to be the case. Having the right strategy in place could saveyour company millions in legal costs and penalties. Get practical tipson how to manage Indian disputes, the importance of the Authorityfor Advance Rulings, and why steering clear of disputes is vital if yourbusiness is to grow.

• The steps you need to take when you get involved in an Indian taxdispute

• What is the best strategy for managing your fight with the authorities • How to maintain effective communication with your advisers• The importance of documentation in fighting your case Mukesh Butani, Chairman, BMR Advisors – TaxandGokul Chaudhri, Direct Tax Leader, BMR Advisors – TaxandR Mani, Head of India Tax, TataBela Seth Mao, Head of India Tax, ShellMohan Parasaran, Senior Advocate, Supreme Court of India andAdditional Solicitor General of IndiaRohit Aggarwal, Head of India Tax, Vodafone Harish Salve, Senior Counsel

17.30 Chairman’s closing remarks

Day 1 - Wednesday 5th September

Managing tax in India is no easy task and 2012 has already proven to be abusy year for taxpayers seeking certainty in India.

While many investors breathed a sigh of relief in January when Vodafonewon its long-running battle at the Supreme Court, the world groaned inMarch when the government, clearly annoyed by its loss, retroactivelyamended the country’s tax law to tax similar transactions dating back 50years.

This latest move prompted global condemnation from businessorganisations and governments. While India will claim that it is free tochange its law as it sees fit, the bigger concern is that government seemsto be disrespecting the authority of the country’s judicial system. As aresult, knowing your Indian tax exposure has become an increasinglyimportant part of doing business in the country.

This year has also seen the introduction of a much-criticised general anti-avoidance rule (GAAR) and domestic transfer pricing rules. 2012 will also

bring the introduction of the long-awaited advance pricing agreement(APA) programme. And throw in a raft of court rulings and disputes andyou have a potent mix of tax challenges that taxpayers are going to befacing not just this year, but years to come.

International Tax Review’s third India Tax Forum will once again bringtogether leading tax directors, officials and advisers to discuss these issuesand help you to practically prepare for the changes that the next 12months will bring. Vodafone, retrospective amendments, tax policy and taxcontroversy will be four of the key talking points between panellists andamong the delegates.

The foremost Indian tax experts will tackle these issues and more. It is aunique opportunity to hear their views, increase your understanding of theupcoming changes, learn how best to prepare for the future, and gainpractical insight into how your tax department can be enhanced over thenext 12 months.

Page 3: India Tax Forum M&A 2003(SO) · Anish Mehta, Partner, BDO Sharad Shah, Partner, BDO Parthodas Gupta, Partner, BDO Abhishek Chawla, Head of India Tax, Xerox Sriram Iyengar, Senior

09.00 Registration

09.25 Opening remarks Jack Grocott, Editor, International Tax Review

09.30 GST and indirect tax India’s GST is edging closer. The government has established astudy team to look at the possibility of harmonising service taxand central excise. The results of this group and the bringingtogether of the battling centre and states means that nowcompanies must pay attention to how this new levy will affectoperations. However, the question remains: will the governmentgive taxpayers enough time to prepare for the new framework?

• A roadmap for the new regime• How will the GST effect your operations • How software can help • Insight into the Negative List• The challenges of the GST IT Network• Opportunities with BCD and CED Prashant Deshpande, Deloitte Touche Tohmatsu India PrivateLimited Krupa Venkatesh, Deloitte Touche Tohmatsu India PrivateLimited Atul Gupta, Vice President, Taxes, GE

11.00 Coffee and tea

11.30 Emerging issues in Indian internationaltaxation

Understanding how global trends are impacting India’s tax system is theclosest way taxpayers can get a glimpse of the country’s future taxpolicy.• Understanding PEs and how best to attribute profits • The pitfalls of the taxation of software • Taxation of FIIs • How to create tax efficient ecommerce transactions • Tips for characterising incomeAnish Mehta, Partner, BDOSharad Shah, Partner, BDOParthodas Gupta, Partner, BDOAbhishek Chawla, Head of India Tax, XeroxSriram Iyengar, Senior General Manager - Tax, Lanco InfratechRavinder Bans Singh, General Manager – Tax, GMR Group

13.00 Lunch

14.00 India’s GAAR Trying to find the silver lining in the new GAAR is a hard job. A GAARhas been introduced in Finance Bill, 2012 and now proposed to beeffective from financial year 2013-14. Put simply, GAAR indirectlyemphasises the principle that henceforth, the tax department andcourts will base their evaluation and judgment relating to anybusiness transaction on their substance than on their form.

• Has the GAAR disrespected the country’s judicial system? • Tips to avoid falling foul of the new regime• The future for Mauritius and indirect transfers• What does this mean for the six tests laid down by the CJI?• Lessons to learn from across the world • The negative impact on foreign investment Sudhir Nayak, Partner, Sudit K ParekhAmeet Patel, Partner, Sudit K ParekhDr R Sithanen, ex-Finance Minister of MauritiusKetan Madia, Vice President, Taxes, GERahul Shah, Investment Director, Aditya Birla PE

15.30 Coffee and tea

16.00 Keynote addressSK Mishra, Joint Secretary (Foreign Tax Division) and Competent Authority of India, Ministry of Finance

16:30 International tax controversiesIn today’s environment tax authorities are talking to each otherand to taxpayers more than ever. With India looking looking to therest of the world and seeing how tax officials are challengingtaxpayers, being on top of global controversy developments is theclosest way taxpayers can see into the future and prepare forfurther Indian tax developments.

• MAP and its success/failure• Retrospective amendments and foreign investors• Will safe harbour reduce transfer pricing disputes?• OECD/UN: should India be independent or go along with rest of

the developed world?• The widening trust deficit between taxpayers and tax regulators:

how can it be bridged?Arun Giri, Editor, TaxsutraSK Mishra, Joint Secretary (Foreign Tax Division) and CompetentAuthority of India, Ministry of FinanceDinesh Kanabar, Deputy CEO and Chaiman Tax, KPMGRupak Saha, Country Tax Leader, GE

17.30 Chairman’s closing remarks

Day 2 - Thursday 6th September

To register, or for more information: Visit: www.internationaltaxreview.com/IndiaTaxForum2012 Call: +852 2912 8038Email: [email protected]

Hotel1, Mansingh Road, New Delhi - 110 011, India.Tel: +91 11 23026162

One of the most distinguished addresses in the national capital, The Taj MahalHotel is located in the exclusive residential area of Lutyens’ Delhi, close to theseat of government. Reflecting the heritage of Mughal Delhi, this hotel offersgraceful architecture with modern facilities.

The warm, pristine white lobby of The Taj includes design details reminiscentof Mughal architecture such as intricate motifs, golden inlay work, and nichesfrom ‘Shahjahanabad’, the erstwhile mogul capital. The hotel is a veritableshowcase of artefacts with the intricate design work of the lobby’s domes andpanels perfectly complimenting the calm marble fountain streams.

The hotel is a city landmark, centrally located, in close proximity to key areas.It is a 40-minute drive from the airport and near the bustling city centre,Connaught Place, Pragati Maidan, Government offices and Diplomatic missions.

The Taj Mahal Hotel has been awarded the 5 Star Diamond Award by theAmerican Academy of Hospitality.

Taj Mahal Hotel, New Delhi

Page 4: India Tax Forum M&A 2003(SO) · Anish Mehta, Partner, BDO Sharad Shah, Partner, BDO Parthodas Gupta, Partner, BDO Abhishek Chawla, Head of India Tax, Xerox Sriram Iyengar, Senior

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