Rohan Shah

Rohan Shah was admitted to practice on November 7, 1987. Chambers Asia-Pacific 2018 describes Rohan Pradeep Shah, Counsel at Chambers of Rohan Shah, as "a big name in the industry," known for handling both direct and indirect tax matters with expertise in advisory and litigation.

Since October 2016, Mr. Shah has been practicing as an independent Counsel in the Hon'ble Supreme Court, various High Courts (Mumbai, Delhi, Chennai, Rajasthan, Punjab & Haryana), Tribunals (ITAT, CESTAT, NCLT, Central Sales Tax Appellate Tribunal, and the PMLA/FEMA Tribunal), and other judicial forums.

Mr. Shah represents cases related to GST, Customs Duties, Service Tax, VAT, Income Tax, and Transfer Pricing before different forums. He also deals with issues under DTAAs, Exim Policy, Trade Remedial issues under WTO, FEMA, Corporate Law, and Constitutional Law. Additionally, Mr. Shah has appeared in various Bilateral Investment Treaty Arbitrations.

He has represented significant litigations for clients from diverse industries, including Oil and Gas, Pharmaceuticals, Gem and Jewellery, Real Estate, Retail, Ecommerce, Automotive, Alcohol & Beverage, Insurance, Banking, and Projects & Infrastructure.

Mr. Shah has been consistently recognized as one of Asia's and India’s leading Tax Controversy Lawyers by Chambers and Partners Asia-Pacific, International Tax Review, World Tax, Benchmark Litigation Asia-Pacific, and other publications. A significant milestone in his career was his appointment as Senior Advocate by the Hon'ble Bombay High Court on August 2, 2024.

Awards & Accolades

• Featured in Who’s Who Legal: Thought Leaders – India 2023: Corporate Tax - Controversy
• Awarded as the Indian “Tax Lawyer of the Year” at the Legal Era Awards 2020
• Named a Litigation Star [Tax] for the Asia Pacific regions for 2019 and 2020 by Benchmark Litigation Asia Pacific
• Featured by Legal Era in their 2021 publication of “Most Distinguished Legal Minds” in India
• Consistently listed by Chambers & Partners in Band 1 for Tax in India from 2009 to 2022
• Listed as a Leading Tax Lawyer in India by The Legal500 Asia Pacific from 2005 to 2022
• Rated as a “Highly Regarded Tax Lawyer” in India by International Tax Review for Indirect Taxes and Tax Litigation from 2008 to 2022
• The Government of India has appointed Mr. Shah to various Committees and Policy Forums on issues of Taxation and International Trade, including:

Government Engagements and Committees

• Appointed by the Ministry of Commerce and Industry as India’s Representative and Governor on the board of Economic Research Institute for ASEAN and East Asia (ERIA) in 2019
• Appointed by the Ministry of Finance as a Member of the High-Level Committee to address issues arising from the imposition of excise duty on the Gems & Jewellery Sector in 2016
• Appointed by the Ministry of Commerce as a Member of the Committee for “Making India an International Trade Hub of Eminence for the Diamond Industry” in 2007
• Appointed by the Ministry of Finance as a Member of the Expert Committee for the “Rationalization of the Tax Structure for the Gems & Jewellery Industry in India” in 2006
• Appointed by ASSOCHAM as a Member Nominee of the Indian Commerce Minister's Team at the WTO Ministerial Conferences in Seattle (November 1999) and Cancun (September 2003)
• Panel Counsel for the Government of Maharashtra in the Hon'ble Supreme Court of India

• Skoda Auto Volkswagen India Pvt. Ltd. v. Union of India Thr. The Secretary Ministry of Finance Department of Revenue [Hon’ble Bombay High Court] Representing Skoda Auto in challenging a Show Cause Notice (SCN) proposing a $1.4 billion GST demand over alleged misclassification of imports as parts and not CKD. The matter is listed on 10.03.2025 for directions. The Department required to file its reply by then.
  
  
• Chambers of Small Industries Association Siemens India Private Limited [Hon’ble Bombay High Court – 04.03.2025] Representing Siemens and an Association before the Hon’ble High Court challenging the imposition of GST on the subsequent assignment of leasehold rights in industrial land and buildings. The Hon’ble High Court has passed Interim Orders staying the Adjudication Orders passed and SCNs issued by the Tax Department.
  
  
• Vedanta Limited v. Union of India & Ors. [Hon’ble Bombay High Court – 08.01.2025] Representing Vedanta Limited in a writ petition before the Bombay High Court, challenging the taxability of corporate guarantees under Section 9 of the CGST Act. The petition also contests the constitutional validity of the CBIC circular dated 27th October 2023. The Court granted the Respondents six weeks to file a reply and, in the interim, stayed the effect and operation of the Impugned Circular.
  
  
• State of Maharashtra v. Castrol India Limited [Hon’ble CESTAT – Delhi] Representing Castrol India Limited before the Hon’ble CESTAT where the Department has challenged the Order of the MSTT that had set aside the Deputy Commissioners Order rejecting Castrol’s claim of a paying a lower amount of CST for inter-State Branch Transfers for the period from 2009 to 2012.
  
  
• Piramal Enterprises Ltd. v. The State of Maharashtra, The Joint Commissioner Of State Tax, LTU Mumbai WP No. 2836 OF 2021 [Hon’ble Bombay High Court – 11.06.2024] -Successfully represented a global business conglomerate before the Hon’ble High Court in a VAT dispute over a slump sale under a Business Transfer Agreement (BTA). The Court ruled that a slump sale is not a sale of goods under the MVAT Act, held the Reviewing Authority exceeded its jurisdiction and set aside the ₹2,600 crore demand

Indirect tax

• Customs
• GST

Tax advisory

• Tax consulting

Transfer pricing

• Arbitration

• Banking
• Consumer goods and services
• Food and beverage
• Healthcare
• Industrials
• Insurance
• Oil and gas
• Pharmaceutical and life sciences
• Real estate
• Social infrastructure

• Bachelor of Law (LLB) - Government Law College (GLC) 1987

• Appointed by the Ministry of Commerce and Industry as India’s Representative and Governor on the board of Economic Research Institute for ASEAN and East Asia (“ERIA”)
  2019
• Appointed by ASSOCHAM as a Member Nominee of Indian Commerce Minister's Team at the W.T.O Ministerial Conferences at Seattle (November 1999) and Cancun
  2003

• Bar Councill of Maharashtra & Goa
  1987
• Supreme Court Bar Association of India
  2021