Boutique tax firm BMR Legal Advocates is led by the highly esteemed Mukesh Butani. Peers and clients acknowledge that he is a true tax litigation star. The firm’s seasoned lawyers cover corporate international tax, transfer pricing, GST, customs and trade, tax litigation, tax controversy management, strategic tax advisory and policy. The firm also acts as an expert witness on treaty and transfer pricing law. Butani has led on multiple landmark tax-related judgments – for example, playing a key role in the country’s most significant transfer pricing dispute on a share issuance transaction. The firm is often called upon by independent research organisations, including the Ministry of Finance, for consultation on tax policy and administration.
Butani leads the firm alongside partners
Seema Kejriwal Jariwala and Shankey Agrawal. Kejriwal Jariwala focuses on international tax, transfer pricing and tax controversy management, while Agrawal specialises in tax disputes, indirect tax and trade and customs.
The firm has been instrumental in many high-profile tax dispute cases that end up setting case law. For example, Butani and his team are acting for Canon India Private in a matter that revolves around marketing intangibles, wherein it is alleged that the advertisement, marketing and promotion (AMP) spend of an Indian company is applied towards enhancement of the brand value of the intellectual property of its overseas parent company. The Supreme Court’s decision is likely to settle the issue of whether excessive AMP expenses would constitute an “international transaction”. There are diverging views from various tribunal and High Court judgments, which do not provide a clear guidance on the issue. This is an all-industry and cross-jurisdictional issue and more than 50 matters are tagged before the Supreme Court. Its authoritative pronouncement would be a significant milestone for international tax jurisprudence.
The team is assisting Eaton Technology, Glaxosmithkline Consumer and Godaddy India on challenging the retrospective denial of benefits before the High Courts after these benefits were curtailed through a government notification capping the incentive amount and redacting certain service categories. The matter is likely to affect various services exporters covered and aggrieved by the above-mentioned scheme. This will be a landmark judgment on the extent of central government’s power to amend the benefits granted under the notification with retrospective effect. The matter is pending for hearing before the courts.
Anand NVH Products, CLSA, Lionbridge Technologies, Marvell India and Spencer Stuart International are some of the firm’s recent clients.
Client feedback
“Strong team, dedicated to customer needs.” – Tax
Tarun Jain
“He is very pro-client. He understands our needs thoroughly, and articulates the matter very well before judiciary.”
