SENIOR LEADERSHIP

Ashutosh Mohan Rastogi

Partner, Tax, GST & Transfer Pricing Services
ashutosh@amicusservices.in

  • Co-founder and tax lawyer with more than a decade of experience in Tax/Transfer Pricing, consulting and advisory.
  • Ashutosh has successfully represented several multinational companies before tax authorities in Transfer Pricing/ International Tax audits and advised companies on several complex Transfer Pricing matters. He has been instrumental in advising and shaping the Transfer Pricing policies of Corporates including a telecom major and an e-learning giant. His International Taxation experience encompasses all aspects of Transfer Pricing advisory, GAAR, POEM, compliance and litigation services (including representation at higher appellate levels).
  • Ashutosh regularly serves as tax counsel on Tax/ Transfer Pricing matters at higher appellate forums including Tax Tribunal and High Court.
  • Ashutosh is currently providing end to end GST advisory services ranging from Training to in-depth planning and impact analysis. Assisted by a team of Lawyers, Ashutosh is assisting companies in evaluating implications of the new GST law, analysing the legal/financial impact, and devise systems, processes and control framework for successful migration to GST.
  • Ashutosh has been rated as the Transfer Pricing Lawyer of the Year by Finance Awards and Tax Law Firm of the Year (2016) – Acquisition International Awards. He is highly recommended by Legal 500 (2014, 2015, 2016 & 2017) for Transfer Pricing advisory and dispute resolution services.
  • He has authored dozens of articles for leading tax journals such as BNA Bloomberg, IBFD and Tax sutra (online portal).
  • BA (Hons) Sri Ram College of Commerce, Delhi University; LLB, Delhi University; LLM, New York University School of Law.

Shivi Rastogi

M&A and Private Equity
shivi@amicusservices.in

  • Co-founder and corporate lawyer with more than a decade of experience in M&A, Private Equity & Real Estate.
  • Her experience includes structuring transactions for private equity investments and M&A transactions and negotiation of investment and acquisition documentation. She has advised on some leading and unique private equity transactions.
  • Recommended by leading independent legal rankings such as IFLR and Legal 500 for her legal advice and business acumen.
  • BA (Hons), Lady Sri Ram College, Delhi University; LLB, Delhi University.

Madhav Rastogi

Corporate Finance and Regulatory
madhav@amicusservices.in

  • More than a decade of experience in corporate commercial practice.
  • Key Practice areas are Corporate Finance and Regulatory Advisory.
  • Has advised extensively on domestic and foreign borrowings and regularly advises clients on regulatory compliances under foreign exchange laws and corporate laws.
  • Recommended by Legal 500 for his responsiveness and knowledge.
  • BA (Hons), Delhi University; LLB, IP University.

Kinshuk Chatterjee

HEAD, LITIGATION & DISPUTES RESOLUTION
kinshuk@amicusservices.in

  • Kinshuk heads the disputes and litigation practice in Amicus. He has over 10 years of experience, in India and London in
  • Representing clients in arbitration proceedings as well as litigation in recovery suits and writs, financial fraud litigation and
  • Consumer complaints. He has represented corporates and high net worth individuals in international arbitration under
  • ICC, LCIA and LMAA in disputes arising out of joint ventures, construction contracts, aircraft and drilling rig agreements.
  • Over the last 18 months he has been focusing on insolvency laws and practices extensively in the NCLT and NCLAT,
  • Representing insolvency professionals, committee of creditors, banks and home buyer associations in petitions and
  • Ancillary proceedings arising out of avoidable transactions and non-cooperation by promoters. In addition, he has
  • Represented resolution professionals in corporate insolvency litigation against corporate entities operating in real estate,
  • Energy sector, steel and textile and consumer goods.
  • He was previously also engaged as General Counsel for a NASDAQ listed telecom software company, where he advised the
  • Company on their day-to-day affairs and concluded deals on behalf of the company with telecom giants, in India and overseas.

Joyeeta Banerjee

Associate Partner, Debt
joyeetab@amicusservices.in

  • Joyeeta handles the debt practice of the Firm specializing in the issuance and listing of debt instruments. She is involved, as the lender’s counsel, in the structuring, negotiating and drafting of lending documentation in the real estate as well as other sectors.
  • She also works extensively with various non-banking financial companies and Alternative Investment Funds guiding and advising them on their day to day legal issues. Joyeeta also advises clients in the Fintech ecosystem including structuring of different types of modes being used by fintech companies to tap into the financial service space. She has been with the Firm since 2013 joining the Firm as an Associate.

Sudhir Mohan Rastogi

Tax Advisory and Dispute Resolution
sudhir@amicusservices.in

  • Mr S.M. Rastogi served in Indian Revenue Service for more than 30 years including stints at the highest administrative posts. He last served as Chief Commissioner of Income-Tax, Delhi. He serves as strategic advisor to Firm on Tax/Transfer Pricing matters.

Ruchi Shankar

HR & Administration
ruchi@amicusservices.in

  • Ruchi has more than 10 years of experience in HR & Administraion. She oversees administration and recruitment for the Firm.

COUNTRY ADVISORS

Argentina – Daniel Rybnik

  • 2003 to date Founding Partner at EnterPricing / Altus Alliance Argentina
  • 1999 – 2000 Transfer Pricing Principal at Ernst & Young Buenos Aires
  • 1992 – 1998 International Tax Senior Manager at Coopers & Lybrand Buenos Aires (incluing secondment at New York and Chicago), Tax Professor at University of Buenos Aires

Australia – Shannon Smit

  • 2007 – current Transfer Pricing Solutions
  • 1995 – 2007 E&Y (Melbourne, Prague, Amsterdam and New York) – Transfer Pricing, Tax Effective Supply Chain Management and International Tax.

Canada – Martin Stretkowicz

  • Martin Skretkowicz offers clients over 27 years of transfer pricing experience derived from 15 years at a senior level with Big-4 accounting firms and prior to that, 12 years with the Canada Revenue Agency. Mr. Skretkowicz is recognized by Euromoney in its Guide to the World’s Leading Transfer Pricing Advisors 2011.

Chile – Jorge Espinosa

  • Jorge’s professional career started with Arthur Young after the completion of his undergraduate law and LLM degrees at the University of Chile. In 1995 Jorge joined Ernst & Young, first in New York and later on in Chile to to develop a local practice. Most recently Jorge founded PT Consultores, and advisory firm focussed on transfer pricing.

Ecuador – Rodrigo Garces

  • Rodrigo is a partner of TP Consulting Ecuador. He manages the tax team and provides legal and technical transfer pricing analysis. Additionally, Rodrigo is director of Ecuadorian Tax Law Institude (IEDT).

Hungary – Laszlo Pasztor

  • 2010 to date Tax Expert, at {pmx} Consulting Ltd
  • 2009 – 2010 Senior Tax Consultant, at BDO Hungary Ltd
  • 2005 – 2008 Tax Consultant, at Mazars Hungary Ltd

Indonesia – Waty Tjakra

  • Business restructuring, dispute resolution, transfer pricing.

Kenya – Isaac Ireri

  • Isaac is the founder and Director of Transfer Pricing Partners Limited, a Nairobi based transfer pricing and valuation firm. Prior to founding his firm, Isaac worked with Viva Africa Consulting and Deloitte East Africa both in Nairobi, Kenya, and Ernst & Young LLP and Intellectual Property Economics LLC, both in Dallas, TX.

Luxembourg – Antonio Weffer

  • Before joining Altus Alliance, Antonio was a Senior Associate at Transfer Pricing Associates. Previous experience includes Big 4 international tax transfer pricing director with more than 13 years of experience dealing with MNEs cross-border transfer pricing, reorganizations, M&A and funding investment strategies including Oil and Gas, Private Equity and Hedge Fund industries.

Mexico – Alejandro Isas

  • Alejandro has experience negotiating unilateral and multilateral Advanced Pricing Agreements with the Mexican tax authorities, and has also assisted clients in the U.S. and Europe, evaluating the expansion of its business activities in Mexico. Moreover, Alejandro has significant experience in global restructurings, debt planning and in representing clients before tax and customs authorities and in controversy procedures.

Peru – Enrique Diaz

  • Enrique is the founder and managing director of TP Consulting. Also Enrique is a professor of Transfer Pricing and lectures at the ESAN University, the Universidad de Lima and the Pontificia Universidad Catolica del Peru.

Romania – Vigi Radu

  • 2010 to date Transfer Pricing Consultant, Partner at Viboal Consulting.
  • 2007 – 2010 Tax Consultant at V & TM.

Russia – Sergey Gerasimov

  • 2010 to date ALTHAUS Group, Partner, Tax services
  • 2005 – 2010 BDO Russia, Senior consultant to Director, Tax services
  • 2003 – 2004 ALRUD, Tax consultant
Spain – David Canabate

Spain – David Canabate

  • David has a vast experience in analysing and implementing transfer pricing policies for MNEs. He has participated in a great number of transfer pricing documentation projects for multinational groups and advised companies in business restructuring processes. Prior to setting up Transfer Pricing Services, David worked as a senior manager of the global transfer pricing department at KPMG and BDO (Barcelona office). He also gained experience as a tax lawyer in several international and national law firms.
Switzerland – Cherie Lehman

Switzerland – Cherie Lehman

  • Cherie’s transfer pricing career began with Arthur Andersen in Australia, and after attaining her Chartered Accountancy in 1996, she transferred first to the firm’s Dublin office, and later to the New York office. After several years with KPMG’s transfer pricing team in New York, In 2010, after leading the transfer pricing teams of several large multinationals in the U.S. and Switzerland, Cherie founded Transfer Pricing Services based in Zurich, Switzerland.
United States – Ross Newman

United States – Ross Newman

  • 2002 to date CEO and Chief Economist, Altus Economics, Silicon Valley, CA 1998 – 2001 Partner and Director of Pacific Region Transfer Pricing Practice, Arthur Andersen, Silicon Valley; 1993 – 1998 Senior Manager, Chief Economist, Arthur Andersen, New York City, NY; 1991 – 1993 Industry Economist, Internal Revenue Service, Washington, D.C. ; 1984 – 1990 Assistant Professor of Economics, Bentley University, Waltham MA;
United Kingdom – Jennifer Paul

United Kingdom – Jennifer Paul

  • A Chartered Accountant and Chartered Tax Adviser, Jennifer has wide experience in transfer pricing, advising a range of businesses including a Global Fortune 200 Group, listed groups and smaller owner-managed businesses. Her experience includes businesses in the manufacturing, retail, software and financial services sectors. She has also dealt successfully with a number of high level tax authority enquiries. Her interest is in helping groups to establish practical transfer pricing policies that conform with their operational objectives.
Venezuela – Nelson Landaeta

Venezuela – Nelson Landaeta

  • 2009 to date Founding Partner, NLC Asesoria, Caracas, Venezuela
  • 2002 – 2009 Corporate Tax & Transfer Pricing Consultant, Ernst & Young Caracas, Venezuela; Recipient of E&Y’s ‘Highest Quality Recognition’ award
  • 1996 – 2002 Transfer Pricing and Corporate Tax Consultant, PricewaterhouseCoopers, Caracas, Venezuela

Success Stories – Transfer Pricing

CASE 1

  • Industry – Real Estate
  • Nature of Work : Income Tax (Delhi Tax Tribunal)
  • Work Description - Based on the appellant’s arguments, Delhi Tribunal excluded Infosys Ltd and Tata E Serve from the comparables set on account of incomparable turnover, brand value and functional differences vis-a-vis the assesse.
  • Arguing Counsel: Ashutosh M Rastogi and team

CASE 2

  • Industry – Retail Industry
  • Nature of Work : Income Tax (Delhi Tax Tribunal)
  • Work Description - Amicus succeeded in quashing the demand and addition made by Assessing Officer (AO). The Tax Tribunal made following commendatory observations:-
    1. Assessing Officer has not given a proper opportunity to the assessee and merely granted 3 days for submitting voluminous evidence.
    2. Also, AO simply rejected books of accounts without satisfying the conditions in 145(3) which is not just and proper.
    3. The CIT(A) which is an appeal authority also failed to give any reason for non-admission of the additional evidence.
    Thus, as no opportunity of hearing was provided, the tax tribunal quashed the demand and Assessment Order and remanded the matter.
  • Arguing Counsel:Ashutosh M Rastogi and team

CASE 3

  • Industry – Information Technology
  • Nature of Work : Transfer Pricing Litigation (Delhi High Court)
  • Work Description - Amicus approached Delhi High Court for indefinite extension of Stay of Demand for a leading IT company under High Court’s extra-ordinary Writ Jurisdiction. Amicus was successful in securing indefinite stay of demand from High Court and the client was saved from paying any additional money towards the demand stayed by the Tax Tribunal. The case was represented by Amicus Partner Ashutosh Mohan Rastogi assisted by a team of attorneys.

CASE 4

  • Industry – Information Technology
  • Nature of Work : Transfer Pricing Litigation (Income Tax Appellate Tribunal)
  • Work Description - Amicus succeeded in deleting the entire Transfer Pricing adjustment at Income Tax Appellate Level. Legal submissions comprised of Transfer Pricing and Economic Arguments against inappropriate benchmarking of Indian Captive’s profitability by Tax Department relying on a comparables’ set that comprised of companies owning software products and intangibles and having a different functional profile. The case was represented by Amicus Partner Ashutosh Mohan Rastogi assisted by a team of attorneys and professionals.

CASE 5

  • Industry – Packaging
  • Nature of Work : Tax Litigation (Delhi High Court)
  • Work Description - Amicus Attorneys successfully acted as the legal counsel for a Company securing tax relief from Delhi High Court in a corporate tax matter involving incorrect disallowance of loss to the tune of Rs 2 crores (approx USD 400,000) . Representation by Amicus, resulted in dismissal of the appeal by tax department with the High Court noting that “Department Appeal has no merit and appeal is dismissed”. The case was represented by Amicus Partner Ashutosh Mohan Rastogi assisted by a team of attorneys.

CASE 6

  • Industry – Automobiles
  • Nature of Work : Transfer Pricing Litigation (First Appellate Authority – Dispute Resolution Panel)
  • Work Description - Amicus succeeded in deleting the entire Transfer Pricing adjustment at the first appellate Level, i.e. Dispute Resolution Panel. The entire Transfer Pricing adjustment was deleted by the first appellate authority based on economic arguments/ comparability adjustment computation securing significant relief for the client. The decision also set a precedent for future years on allowability of a fair and just comparability adjustment for foreign exchange fluctuation risk faced by auto part manufacturers importing parts/ components from overseas.

CASE 7

  • Industry – Publishing
  • Nature of Work : Transfer Pricing Litigation (Transfer Pricing Officer)
  • Work Description - Amicus assisted a leading publishing house in defending international transactions pertaining to import of books, payment of royalty and guarantee fee to group companies. Based on the legal and economic submissions the client was saved from Transfer Pricing adjustment and further litigation.

CASE 8

  • Industry – Medical Equipment
  • Nature of Work : Transfer Pricing Planning and Documentation
  • Work Description - Transfer Pricing planning services covered Transfer Price setting and modelling for agency and distribution operations and provision of technical support services by Indian distributor of medical equipment to group companies in Japan and Singapore. Comprehensive supporting documentation including drafting of inter-company agreements was undertaken to defend inter-company pricing.

    Advice was innovative as the Company was provided with a Transfer Pricing solution that focussed on price rather than profitability which is influenced by extraneous market forces.

M & A – Success Stories

  • Amicus, Khaitan, Trilegal advise RFCL, EIL on Ramagundam’s $181m mega revival project Click Here
  • Amicus start-up advises DMI on Rs 50 crore Burman injection with AZB Click Here
  • Desai Diwanji, Amicus on Amtek’s $18m buy of JMT Click Here
  • ILP, DSK, Amicus on $60m Toshiba, UEM buy Click Here

AWARDS & RECOGNITION

Corporate Restructuring Firm of the Year – India, 2015. M&A Corporate Awards

  • Recognized as: Corporate Restructuring Firm of the Year – India, 2015. M&A Corporate Awards celebrate dedication, skill and outstanding results from individuals, teams and firms across the corporate world. The Awards, widely respected as a pinnacle of achievement in our industry, recognize excellence in deal making, restructuring and financing, celebrating the contributions and achievements of leading firms and professionals.

Best in Transfer Pricing – India, 2015. The Acquisition International M&A Awards

  • Recognized as: Best in Transfer Pricing – India, 2015. The Acquisition International M&A Awards have been highlighting the amazing work done by those firms and individuals whose ceaseless dedication to innovation, customer care and the continued growth and improvement of their businesses has seen them forge ahead of their competitors and raise the bar for performance and results in their industry.

Recommended by Legal 500

  • Recommended by Legal 500. Amicus is hailed for its leading ‘transfer pricing practice in India’. The firm brings ‘unique cross border expertise to the table, which few others can match’, and ‘strong industry knowledge’, with a particular focus on the IT sector. Ashutosh Mohan Rastogi is highly recommended.

Recommended by Legal 500

  • Recommended by Legal 500 for outstanding work on Tax/ Transfer Pricing matters – Amicus successfully defended clients in Tax/ Transfer Pricing litigation before Tax Tribunal and High Court.

Transfer Pricing Firm of the Year – India,2014

  • Recognized as: Transfer Pricing Firm of the Year – India,2014. The International Finance Awards celebrate achievement, innovation and brilliance from an international perspective, recognising individuals, teams and firms for their contribution to client service and for their experience and skills across key practice areas and sectors.

Legal and Tax Consulting Firm of the Year – ACQ Legal 2014

  • Recognized as: Legal and Tax Consulting Firm of the Year – ACQ Legal 2014.

Transfer Pricing Advisor of the year by Finance Monthly Global Award 2014

  • Recognized as: Transfer Pricing Advisor of the year by Finance Monthly Global Award 2014.The Finance Monthly Global Awards recognise and celebrate companies and individuals who have delivered the highest quality results within the corporate, financial and legal sector.

Transfer Pricing Firm of the Year – India 2014

  • Recognized as: Transfer Pricing Firm of the Year – India 2014 by Acquisition International Tax Awards in recognition of high quality Transfer Pricing work done during 2014.

The Leading Lawyer Global 250

  • Recognized as: The Leading Lawyer Global 250 recognises lawyers who have stood out from their peers by demonstrating professional achievement & excellence in their practice areas in 2014.

Transfer Pricing Firm of the Year – 2013

  • Recognized as: Transfer Pricing Firm of the Year – 2013 by Acquisition International Magazine Finance Awards in recognition of cutting edge and contentious work in respect of Transfer Pricing planning, compliance and litigation.

Deal Maker of the Year Award 2013

  • Awarded Deal Maker of the Year Award 2013 by Finance Monthly for advice and involvement in the transaction ‘Dabur Promoters acquires stake in DMI Finance’.

​Amicus Tax wins (High Court and Tribunal)

M/S. CORBUS ( INDIA) PVT.LTD - ITAT ORDER NO (ITA No. 2745/Del/2015)

  • Tax tribunal ruled in favor of the client and held that Transfer Pricing adjustment made on account of receivables warranted deletion.M/S. CORBUS ( INDIA) PVT.LTD -  ITAT ORDER NO (ITA No. 2745/Del/2015)

Astra Business Services P. Ltd – ITAT Order (ITA. No.1171/Del/2015)

  • Based on the appellant’s arguments, Delhi Tribunal excluded Infosys Ltd and Tata E Serve from the comparables set on account of incomparable turnover, brand value and functional differences vis-a-vis the assesseeRice ITAT Judgment

Pyramid Delhi High Court order (W.P.(C) 5198/2019 and ITA 1289/2018 )

  • Delhi High Court admitted the appeal on the issue of inclusion or exclusion of one comparable which in view of the Court constituted a ‘substantial question of law’ and remanded back the matter to the Transfer Pricing Officer with specific directions in favour of client. Delhi High Court held that the Tribunal had erred in not taking into account evidence placed by assessee on record.Rice ITAT Judgment

Pyramid MA- ITAT Order(M.A.NO 632/2018 and ITA 7083/2014)

  • Tax Tribunal partially accepted the mistake apparent on face of record and directed Transfer Pricing Officer to exclude one comparable which was not-adjudicated in Tribunal order.Rice ITAT Judgment

Pyramid Delhi ITAT Order(ITA 7083/2014)

  • Tax Tribunal ruled in favour of client and deleted the additions made on account of arm’s length price for software services Rice ITAT Judgment

D Diamond order dated 18.1.19

  • High Court dismissed the appeal by Department on the basis of assessee’s arguments which principally revolved around the low tax effect of department’s appeal.Rice ITAT Judgment

Renu Creation Delhi ITAT

  • Based on the arguments presented by Amicus, tax tribunal quashed the levy of penalty (u/s 271(1)(c) of the Income-tax Act, 1961) imposed by lower authorities.Rice ITAT Judgment

Pyramid Delhi High Court (ITA 5401/2012)

  • Amicus was successful in securing extension of stay from Delhi High Court which provided significant relief to client in a Transfer Pricing Dispute. Rice ITAT JudgmentRice ITAT Judgment

Pyramid Stay Order ITAT (ITA 5401/2012)

  • Amicus successful secured extension of Stay from Delhi Tribunal in a Transfer Pricing Case.Rice ITAT Judgment

De Diamond ITAT Order (ITA 2355/2014)

  • The fundamental issue was whether manufacturing and trading constituted same or separate business. Keeping in view arguments based on facts and judicial precedents, Tribunal ruled that manufacturing was merely an extension of trading business as there was unity in command and control, single set of audited financial statements, common product and customer for the trading and manufacturing activity. Hence, all expenses incurred in setting up of manufacturing unit were to be allowed even if there were no sales from manufacturing activity and different business segments had been drawn up for Transfer Pricing Benchmarking.De Diamond Judgment

RT Paper Delhi High Court (ITA 325/2013)

  • Amicus – Advocates & Solicitors successfully acted as the legal/ arguing counsel for the Company securing tax relief from Delhi High Court in a corporate tax matter involving incorrect disallowance of loss.Rice ITAT Judgment

Rice ITAT Order (ITA 7092/2014)

  • In its representations before the ITAT, Amicus presented legal reasoning supported by evidence and case laws to prove that the assessee’s transactions were in the nature of high sea sales whereby it is an ordinary practice to sell goods before physical receipt of the same. The Tribunal has given a favourable finding on the question of High Sea Sales with a factual question being remanded to CIT( Appeal) for examination.Rice ITAT Judgment

Pyramid Delhi ITAT Order (ITA 5401/2012)

  • In a landmark win, Amicus succeeded in deleting/ quashing the entire Transfer Pricing adjustment at Income Tax Appellate Level for Pyramid IT Consulting – a software service provider. Legal submissions made before the Tax Tribunal comprised of Transfer Pricing and Economic Arguments against inappropriate benchmarking of Indian Captive’s profitability by Tax Department relying on a comparables’ set that comprised of companies owning software products and intangibles and having a different functional profile.Rice ITAT Judgment

PRO-BONO

“Real charity doesn’t care if it’s tax-deductible or not.”
‘Dan Bennett’

  • At the end of it all – literally and figuratively – Amicus is a ‘friend’ of people. Continuing with our philosophy of givingback to the society at least a part of what we take from it, ‘Amicus’ is committed to charity and pro-bono work.
  • While we fully endorse this core value, our vision may effectuate in a variety of ways – pro-bono litigation, education endeavours and help for the needy.