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2ND FLOOR, F-BLOCK, INTERNATIONAL TRADE TOWER, NEHRU PLACE, NEW DELHI, 110019, INDIA
Tel:
Work +91 11 3323 2700
Fax:
Fax +91 124 254 9101
Email:

ATUL DUA

Tel:
Work +91 11 3323 2780
Email:
Advaita Legal

Work Department

Corporate M&A

Position

Partner, Advaita Legal

Career

Atul’s professional experience spans more than 30 years with leading law Firms and multinational accounting & consulting Firms. Atul is presently the Equity Partner at Advaita Legal. He had started Seth Dua & Associates as a partner in 1998 and was a Senior Partner till 2017. He has headed the New Delhi tax and legal practice of KPMG and thereafter of Coopers & Lybrand (now PricewaterhouseCoopers). Atul’s forte is Corporate / M&A, Transaction Structuring, Anti-trust & Competition Law, International Tax & Trade and Dispute Resolution. During his professional career, Atul has gained extensive experience in advising multinational and Indian corporates in cross border trade and structuring their investments in India. Atul specializes in tax and legal aspects of financial and technical joint ventures and M&A transactions. He has extensive experience in structuring various income streams in and out of India.

Atul has assisted a number of large manufacturing companies in setting up their operations in India. He has also assisted the retail companies in setting up operations in India. He has been providing day to day corporate, commercial, real estate related advice to these companies. He has also been handling Civil and Corporate litigation for these companies.

Atul’s tax expertise ranges from International Tax Structuring, Domestic Tax Planning (in Direct and Indirect Taxes); Tax Litigation including Advance Rulings and representations with tax authorities for tax exemptions and reliefs. Atul also has extensive experience in Indirect Taxes including protectionist levies.

Atul is also in-charge of the dispute resolution practice which covers civil and commercial litigation, as well as mediation / arbitration particularly in relation to joint venture and infrastructure sector. Additionally, he has extensive experience in tax, anti-trust and international trade litigations. Atul has also represented clients before the Institute of Chartered Accountants of India (“ICAI”).

Atul’s Competition & Anti-trust laws expertise includes advising clients in relation to dealer arrangements, pricing agreements, M&A proposals, etc. . He has extensive experience in appearing before the Competition Commission in various antitrust and competition matters including merger and cartel matters. Atul is also the Hony. Secretary of the Competition Law Bar Association, India.

In the TMT space, Atul has assisted leading TMT companies in setting-up operations in India; seeking foreign investment approvals from the Government, processing licence applications with the Ministry of Communications etc. He has also assisted companies in routing investments and technology from jurisdictions which confer maximum tax benefits. He has assisted strategic investors in investing in TMT companies in India; in conducting legal and tax due diligence on the investee companies and also assisted in drafting of various commercial documents for such investments.

Atul has also authored a book “Joint Ventures and M&A-Legal & Tax Aspects” which has been published by LexisNexis Butterworths. He is ranked as a Leading Lawyer in the Corporate M&A space by Chambers and Partners.

Atul has been rated as the leading lawyer in Corporate M&A, Competition Law, TMT, International Trade & WTO and Taxation for many years by Legal500, Chambers and Partners & Asialaw and Practice. He has been recognized as one of the top 100 lawyers in the recent publication of Lexis Nexis titled “100 Legal Luminaries of India”. Atul has recently got an award titled “Leadership through Versatility and Exemplary Contribution to Law” by Legal League Consulting at the CXO & GC Leadership Summit & Excellence Awards 2018. Atul has been recognized as Leading Lawyer in  “Corporate Tax: Advisory, Data: Telecoms & Media and Corporate Tax: Controversy” by Who’s Who Legal.

Languages

English, Hindi

Education

Atul holds B.Com (Hons) and LL.B degrees and is also qualified as a Chartered Accountant


India

Banking and finance

Within: Banking and finance

Key clients at Advaita Legal include Asiya Capital Investments and Bibby Group, a UK-based financial services company. Atul Dua heads the practice.

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Corporate and M&A

Within: Corporate and M&A

Advaita Legal has seen an increase in joint venture and acquisition instructions across a wide range of sectors; recent highlights include assisting Rafael Advanced Defence Systems, based in Israel, with setting up a joint venture with Kalyani Strategic Systems, a transaction valued at $20m. The team also advised Inabensa Bharat on the $726m sale of the business to a third party enquirer. Atul Dua and  Amit Mehta are key names.

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Dispute resolution

Within: Dispute resolution

Atul Dua is the key individual at Advaita Legal, which has notable experience in commercial, insolvency, employment, and technology disputes.

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TMT

Within: Leading individuals

Atul Dua - Advaita Legal

Within: TMT

The TMT department at Advaita Legal is led by Atul Dua and has experience advising clients on a range of  regulatory and technology considerations for the telecoms industry. The group is instructed by Aon Consulting on issues relating to the setting up of a data recovery centre. It is also assisting Wipro with licences issues by the Department of Telecoms for providing services at Delhi airport.

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Tax

Within: Leading individuals

Atul Dua - Advaita Legal

Within: Tax

Advaita Legal's tax group is representing Summit Online Trade Solutions in challenging the notified two rates of tax on the sale of lottery tickets dependent on the area of sale. In another work highlight, Atul Dua alongside principle Gaurav Gupta, assisted JCDecaux Advertising with tax structuring its India-based operations, classification of imports and utilisation of tax credits. The department is headed up by Sujit Ghosh, who specialises predominantly in indirect taxation matters.

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WTO/international trade

Within: Leading individuals

Atul Dua - Advaita Legal

Within: WTO/international trade

Advaita Legal's team has particular strength in advising clients on foreign trade, customs, transfer pricing and trade agreement policies. The firm has seen an uptick in solar power matters: for example, the group assisted infrastructure company SP Infra with a challenge to the Directorate General of Trade Remedies (DGTR)' recommendation of imposing a 70% safeguard duty on imports of solar cells and modules into India. In another matter, the team represented ReNew Power in an anti-dumping investigation before the DGTR concerning solar modules imported from Malaysia, Taiwan and China. Sujit Ghosh and Atul Dua are the key names.

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