Education: B.Com(Hons), CA, ICWA, Ex-IRS
· Fellow member of the Institute of Chartered Accountants of India (1988)
· Graduate member of the Institute of Cost & Works Accountants of India (1988)
2006- till date: Dinesh joined Khaitan & Co, Mumbai in 2006 after servicing the Indian Customs and Central Excise Department for 15 years in senior positions. He has vast on-hand experience of more than 20 years in indirect tax from the Department as well as industry perspective.
He is advising a number of large corporations on Customs, Excise, Service Tax, VAT, CST, Entertainment Tax laws & procedure on regular basis. He has rich and extensive experience on cross border movement of goods and services, structuring of tax efficient transactions, and mergers and acquisition of manufacturing facilities and companies, advice on related party transactions and complex equipment procurement & construction contracts. He advises on the Indian Foreign Trade Policy and other enactments on import/export prohibitions. He advises on various export incentives and exemptions available under the customs & excise laws and Foreign Trade Policy.
Dinesh regularly assist the clients during the investigation launched by the investigating agencies like DRI, DGCEI and also appears before the Appellate Tribunal and Departmental authorities on behalf of the clients for adjudication and appellate work.
1991-2006: In the Central Excise Department, he looked technical aspects of the central excise & service tax administration which involved rendering timely and effective assistance to the manufacturers as well as field staff in furtherance of the overall tax compliance. He was responsible for the appellate work, formulation of the audit plans and post investigation.
In Customs Department he was responsible for classification, valuation & examination of import and export goods, compliance of customs law & procedures and other enactments and levy of the appropriate duties. He has worked in Special Intelligence & Investigation Branch (SIIB) and investigated a large number of cases involving under invoicing, clandestine removal, misuse of FTAs, misuse of goods imported under Export Promotion Schemes and end use based exemptions as well as over-invoicing of export goods by misusing Duty Drawback, DEPB and other Export Promotion Schemes. Conducted both extensive & intensive investigations of the acceptability or otherwise of purchase price of imports between related buyer and supplier i.e. the Indian subsidiaries/ joint ventures from their respective parents/ subsidiaries/ affiliates. Scrutinized various forms of agreements related to payment of Royalty/Technical know fees/Commission etc of various multinational companies. Apart from above dealt in cases under COFEPOSA and Advisory Board.
1998-2001: He was in charge of accounts & finance, MIS and setting up a ceramic tiles manufacturing plant in Haryana.
Gold medal in intermediate examination of ICWA
Reported case laws:
· HSBC Securities & Capital Markets (I) Pvt. Ltd. vs Commissioner of Service Tax,
Mumbai [2009 (013) STR 0062 (Tri. - Mumbai)]
· Rajendra Bajaj vs Commissioner of Customs [2010 (252) ELT 529 (T)]
Publications and Presentations:
Dinesh has authored various articles and papers on various issues relating to indirect taxation in India.
· Goods and Service Tax in India- The Practical Lawyer (2010)PL(CL)March28
· Service Tax on Consulting Engineer’s Service- View Point Vol. 16 No. 1 (Consulting Engineers Association of India)
· Input Service-Meaning & Scope- STR Vol.7 Part 1 J9
· Valuation of taxable service and cost incurred by service recipient – STR Vol.8 Part 2 J65
· Relevant date for service tax payment- STR Vol.7 Part 6 J191
· Business Auxiliary Service- STR Vol.9 Part 2 J35
· Service Tax vis-à-vis VAT on IPR- Chartered Accountant Practice Journal Vol 23 Part(2)July (2) 117
His articles on various issues are regularly published on Taxindiaonline.com and Taxmanagementindia.com
· Service tax on renting-Mixed use of property
· IPR Rules and parallel import
· Business Auxiliary Service
· Unjust enrichment and tax retention
· Service tax on manufacture - The issue of constitutional validity
· A roller-coaster ride for SEZ
· The controversial optical fibre case
· Banning of Chinese toys: Kid's story
· Desirability of Compounded Levy
· Export of Services: Paradigm Paralysis
. GST: Missed opportunities