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EPC Contracting-Legal, Commercial, Taxation & Risk Issues

As India’s infrastructure sector grows, it is offering new challenging opportunities for the investors and developers alike. With the increase in number of projects being executed and contracts being awarded, it is extremely important to understand and manage the commercial and legal challenges associated with these projects.

With this background, we bring to you the next edition of this extremely focused workshop, designed with a primary objective of imparting crucial knowledge to the participants.

This intensive Master Class provides valuable insight into the rapidly evolving world of EPC contracts. This workshop has been designed specifically for the professionals working on various aspects of contracts in oil & gas, mining, energy, real estate, roads & highways, urban infrastructure and construction sector companies and will be of particular interest to those with current or planned ventures in India’s infrastructure growth story.

A training program designed for future industry leaders, this workshop will significantly help in solving problems and improving business understanding commercial, legal & taxation aspects in various sectors.

For more details you can mail us at register@firstviewgroup.com or call us at + 91 2771 7143/50

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DAY 1 Topics

10.00 - 11.30

Overview and detailed analysis of drafting of tax related clauses in EPC contracts
  • Understanding EPC contract structures , standards formats, -Pros and cons of each
  • Dealing with taxes like building / labour cess , customs  duty , entry tax
  • EPC contracts with ppp concessionaires, splitting of contracts for tax purpose.
11.30-11.45 Tea break
11.45-13:00 Certain Key Issues faced by Contractors: A pragmatic approach  
  •   Force Majeure, key concepts, political and nonpolitical Majeure
  •    Change in law
  •    Subcontracting issues in EPC
13.00-13.30 Lunch break

13.30-14.45

Key legal imperatives both from a Contractor’s perspective as well as  the Owner’s with specific focus on the following aspects
  • Liquidated damages & limitation of Liabilities
  • Suspension , delay, termination of contracts -effect
  • Tax clauses & indemnities
14:45-15:00 Tea Break

15:00 - 16:45

Scenario of Proposed  GST Bill
  • Overview of GST and its importance
  • Benefit of GST at central and state level
  • Benefits of GST for individuals and companies
Tea & End of Day
DAY 2 Topics

10.00 - 11.30

Taxation of EPC contractors – Direct  tax and regulatory issues
  • Key transaction structures and models
  • Key income tax issues especially in cross border transactions
  • Tax clauses, Recent judiciary/Precedents in Direct Tax
11.30-11.45 Tea Break

11.45-13.30

Claim for damages in EPC Contracts  -An Overview
  • What is damages?
  • Type of damages-Indian Perspective
  • Treatment of Damages under the Indian Contract Act 1872
  • Opportunity Loss -Grey areas
  • Quantification of Damages -Indian Court’s Approach ,Round Up
  • Interactive Session
13.30-14.30 Lunch Break
14.30  - 16.00 Key Indirect tax aspects vis-à-vis EPC Contracts including deemed export benefits including tax implications, major issues and planning opportunities.
END OF THE  DAY