Aliff Fazelbhoy

Aliff Fazelbhoy

Aliff Fazelbhoy

Aliff, who was a founding partner in another law firm in Mumbai, merged his practice with ALMT Legal in 2003 to enhance the Firm’s tax and M&A practice. Today, Aliff is recognized as one of the leading lawyers in his chosen fields of practice and has been consistently selected as one of India’s leading lawyers by global legal publications like Chambers & Partners, Asia Pacific Legal 500, Asialaw Profiles and IFLR 1000.

Aliff’s tax experience includes advising on cross border tax structuring and issues such as creation of permanent establishment, obligations in relation to withholding tax, transfer pricing, characterization of software payments etc as well as some indirect tax issues particularly GST. Aliff is also involved in advising on tax related litigation and dispute resolution proceedings before various tax authorities, tribunals and courts.

Aliff’s M&A and corporate practice is mainly focused on transactional work for domestic and international private equity funds and multinational companies. Aliff also advises several clients in relation to certain capital markets transactions including registration of and investments by foreign institutional investors (“FII”) as well as primary and secondary investments by a range of investors in publically listed companies.

Besides his tax and M&A practice, Aliff has helped develop a thriving employment law practice for the Firm and assists several
clients on a range of employment law issues including structuring contracts, implementing terminations, establishing and advising on social security schemes, enforceability of post termination obligations, etc.

Aliff has also advised and represented clients in various arbitration proceedings on commercial matters, shareholders disputes,
contractual disputes and maritime claims.

Aliff has been consistently acknowledged and recommended by leading legal publications. Aliff has been recommended for his
corporate/M&A, employment, private equity and tax practice by Chambers & Partners every year. Asia Pacific Legal 500 also
consistently names Aliff as a leading / recommended lawyer in areas of banking and finance, capital markets, corporate/ M&A,
employment and tax. Asialaw Profiles has ranked Aliff as a “Leading Lawyer” for corporate/M&A and taxation. IFLR1000 recommends Mr. Aliff Fazelbhoy for Private Equity Funds and M&A. The Tax Directors Handbook 2015 and 2016 highly recommends Aliff for his tax practice.

Aliff has authored articles for international publications including for the IBFD and been a panelist at various international tax and M&A conferences and seminars.

Recent experience

  • Advised, represented and obtained a favourable award of approximately USD 14.5 Millions including the costs of USD
    1,00,000/- for a European based leading shipping company, in arbitration proceedings against an Indian public sector company in relation to the disputes arising under a contract of affreightment including advising on maritime laws, jurisdictional issues, computation of damages etc. as well as successfully defending interim applications filed by the respondent in the Delhi High Court during the arbitration proceedings.
  • Advised UK-based testing services provider Exova Group Plc in its acquisition of Mumbai-based Metallurgical Services Private Limited, an independent material testing laboratory.
  • Advised a leading international investment banking company on the most tax efficient manner of restructuring their Indian
    presence including regulatory issues and approvals required for terminating the agreements with their existing joint venture
    partner, consequent change in control guidelines to be complied with, etc.
  • Advised a leading software multinational in tax structuring of its product offering to retail customers in India including offering through the internet and considering issues such as PE, royalty, withholding requirements, service tax and VAT issues, etc.
  • Advising a leading software multinational in litigating its disputes before the commissioner of appeals, Dispute Resolution Panel, Income Tax Tribunal and the High Court regarding transfer pricing on various services provided by the Indian subsidiary to its US parent and vise versa such as R&D, cost sharing, sales and marketing support, market surveys etc. Also advised on representations to be made before the India and US Competent authorities under the MAP provisions of the tax treaty.
  • Advised a leading multinational with offices in several cities in India and globally on a project to standardize all their employment polices across all offices to comply with local laws and requirements, standardizing employment contracts and advising on structuring a management stock option plan from an employment law, securities law, tax and regulatory aspects.
  • Advising a UK based hospitality and catering company on its acquisitions of Indian companies in different States, including structuring the acquisitions and advising on regulatory and tax aspects related thereto, undertaking detailed legal due diligence on the targets, etc.
  • Advising several venture capital and private equity funds in their first and second round investments in various companies in the business of microfinance, IT solutions manufacturing and trading.
  • Advised a large foreign bank in connection with the purchase by assignment of a multi million dollar pre-shipment credit facility to an Indian exporter, including structuring the transfer to meet the regulations and issue of a legal opinion on the enforceability of the transaction documents.
  • Advising a large multinational on all aspects on an acquisition of selected assets and employees of an Indian company including direct and tax issues such as withholding tax, VAT, etc, issues surrounding transfer of employees, migration of social security benefits, etc.

Banking and Financial Services, Corporate and Commercial, Employment, M&A Disputes, Mediation, Securities

Bar Council of Maharashtra & Goa, India (1988);
Law Society of England and Wales (1992)
One of India’s representative authors for the International Beaureau of Fiscal Documentation (IBFD)
Member of the Indian Chapter of the International Fiscal Association (IFA)

B.Com – 1985 University of Bombay
LLB – 1988 University of Bombay (was awarded the gold medal for securing the first rank overall)
Bombay Incorporated Law Society (Solicitor’s exam) – 1990 (secured the first rank and highest marks in all 5 subjects)
LLM – 1991 University of Cambridge, UK- was awarded a full Cambridge merit scholarship
Qualified Lawyers Transfer Test – Law society of England and Wales – 1992

English, Hindi
1st Floor, Free Press House, 215, Free Press Journal Marg, Nariman Point,

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Aliff Fazelbhoy