Direct Tax Litigation · Ahmedabad

The assessment is over.
The argument begins.

Sunil Maloo & Co. is a litigation-first chartered accountancy practice. Our work concentrates on direct tax matters that have outgrown compliance — search and seizure assessments, on-money and real estate additions, reassessment under section 148, and the appellate record that has to carry them through the CIT(A) and the Tribunal.

Founded 2019 Ahmedabad, Gujarat CIT(A) · ITAT · Faceless

If a notice has already reached you

Start with what is in your hand.

Most of what determines the outcome of a tax dispute happens early — in what is said in reply, what is placed on record, and what is allowed to go unchallenged. Find the provision on your notice below.

Time limits do not wait for a decision.

Appeals, objections and replies each run on their own clock, and several of them are measured in days rather than months. If a limitation date is approaching, say so when you write — it changes the order in which things need to be done.

How a matter runs

The record decides the appeal.

An appellate authority cannot act on an argument that has no foundation in the file. Most of the work in a tax dispute is therefore not advocacy — it is building a record that makes the argument unavoidable.

An addition sustained on an estimate is only as strong as the material the estimate was drawn from.

Practice note

Read the order against the record

The assessment order, the seized material it relies on, the statements, the show-cause and the reply are read together. What the order asserts and what the record actually supports are rarely the same document.

Separate the jurisdictional from the merits

Whether the assessment could lawfully be made at all — satisfaction, approval, limitation, service, the existence of incriminating material — is a distinct enquiry from whether the addition is right. Both are taken, in that order.

Reconcile the quantum, line by line

A blanket estimate is met with a reconciliation: what is already recorded in the books, what is duplicated across years, what pertains to another entity, and what survives. A number the Department cannot break is worth more than an argument it can.

Draft to be argued

Grounds, statement of facts and written submissions are drafted as a single structure, each ground tied to a contention and each contention anchored to an enclosure. Where a ground was missed at filing, it is brought in properly under section 250(5) rather than argued without foundation.

Brief us

Bring us the order and the record. We will tell you what it is worth.

An initial reading tells you where the matter stands, which grounds are worth taking, and what the record still needs. Send the assessment order and the notice, and we will respond with a view.