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MONISH PANDA

LLB - Attorney

ABOUT CAREER                    

Monish Panda is dual qualified as an Advocate in India and a Solicitor in England & Wales and has over 12 years’ of experience in handling complex Tax and Commercial Disputes and Disputes Advisory. Monish is a Member of the Supreme Court Bar Association

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NATURE OF WORK              

Supreme Court

  • Represented some assessees in their challenge against the validity of Entry Tax of some States before the Nine Judge Constitution Bench.

  • Representing a Multi System Operator in their dispute with Customs Department in relation to Classification and Valuation of imported broadcasting equipments.

  • Representing a leading FMCG Company in their dispute with Sales Tax Authorities regarding denial of exemption scheme.

  • Representing an assesse in an Income Tax dispute, where department is trying to include Short Term and Long Term Capital Gains as business income.

  • Representing a fabrics importer in their dispute with Customs Department in relation to valuation of synthetic fabrics imported from Indonesia.

  • Representing a telecom company in an appeal filed by the Department of Telecommunications challenging the TDSAT Order that the company is entitled to contractual additional spectrum as stipulated under the UASL Guidelines.

  • Representing a leading mining contractor against a public sector undertaking in a contractual dispute where the PSU has denied re-imbursement of service tax paid by the operator by utilizing Cenvat Credit.

  • Representing a telecom company in their challenge against the Order of TDSAT imposing a higher amount of SMS termination charges.

  • Representing some companies in their dispute with Maharashtra Stamp Authority as to whether exemption is available to these units under the IT/ ITES Scheme.

  • Representing a joint developer against the co-developer who had unilaterally terminated the Construction Contract.

  • High Court

  • Representing various Auto parts manufacturers in their dispute with DGFT for denial of refund of Terminal Excise Duty towards supplies made to SEZ Units.

  • Representing various rice exporters in their dispute with Customs Department for denial of permission to export basmati rice.

  • Representing various assesses across several High Courts, in relation to denial of transitional credit under the GST Regime.

  • Representing a leading Power DISCOM in their challenge to a Circular issued by CBIC restricting exemption of GST on Power Distribution activities.

  • Representing Automobile Dealers in their challenge to restriction of transitional credit under the GST regime.

  • Representing an assesse in their challenge to validity of provisions of the Integrated Goods and Service Tax by virtue of which supply of services by an Indian subsidiary to their Head office and branch offices located outside India has been made taxable.

  • Represented a listed textile company before the Delhi High Court in a matter seeking sanction of duty scrips issued by DGFT in relation to Incremental Exports Incentivization Scheme.

  • Representing Directors of a mining company before the Bombay High Court at Goa against the actions initiated by the Sales Tax Department

  • Representing a leading technology solutions provider before Delhi High Court against an Indian telecom company, in their Section 9 petition seeking interim protection against sale of assets by the telecom company.

  • Representing a leading PSU in a Section 11 Application filed by its Contractor for appointment of Arbitrator, when various disputes between the parties are already referred to Arbitration and are in the stage of final arguments.

  • Trial Court and Tribunals

  • Representing a leading FMCG before the Authority for Advance Ruling constituted under GST for determination of classification of a commodity to be manufactured by them.

  • Representing a leading FMCG company before the CESTAT in various disputes relating to alleged incorrect availment of Cenvat Credit of service tax and other issues on Indirect Tax.

  • Represented a leading foreign telecom company in the ongoing 2G Spectrum Scam investigations and trial relating to acquisition of an Indian Telecom company.

  • Representing a leading Indian medical equipment supplier in an ICC Arbitration seated in London in a dispute arising out of termination of an agency contract against their agent in Jordan.

  • Representing a leading Singapore based SIM card supplier and technical services provider in two separate arbitrations relating to non-payment of contractual amounts by an Indian telecom company.

  • Representing a leading SAW Pipe manufacturer in an ICC Arbitration against their Hong Kong based supplier of steel for default in supplying agreed quantity of Steel under the Contract.

  • Representing and advising a mining company and its Directors in ongoing investigations by Customs and Enforcement Directorate Officers relating to alleged non-payment of customs duty and FEMA violations while exporting iron-ore

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