Direct Tax Litigation · Ahmedabad

The assessment is over.
The argument begins.

Sunil Maloo & Co. was founded in 2019 in Ahmedabad by CA Sunil Maloo. The firm was set up to do a narrower thing than a general practice does — to take direct tax matters that are contested, and to carry them properly: search and seizure assessments, on-money and real estate additions, reassessment, penalty, and the appellate record that has to carry them through the CIT(A) and the Tribunal.

Founded 2019 Ahmedabad, Gujarat CIT(A) · ITAT · Faceless

The firm

Litigation is a discipline, not an overflow.

In most practices, litigation is what happens when compliance work goes wrong. It is handled by the same people, in the time left over, with the file as it happens to exist. That is not a criticism of those practices — it is simply a different business.

This firm is organised the other way round. Contested matters are the work, not the consequence of the work. That changes what gets done: the record is built rather than assembled, jurisdictional points are taken before merits rather than after, quantum is reconciled rather than argued in the abstract, and drafting is treated as the principal activity it actually is.

The practice concentrates on direct tax — search and seizure assessments, real estate and on-money disputes, reassessment, penalty, and the appellate work that follows. Advisory engagements are taken where they bear on a dispute: one that exists, one that is coming, or one a client is trying to avoid.

At a glance

  • Founded 2019
  • Ahmedabad, Gujarat
  • Direct tax litigation and advisory only
  • Appearances before the CIT(A) and the Income Tax Appellate Tribunal
  • Instructed both directly and on referral from other professionals

Founder

CA Sunil Maloo

Sunil Maloo is a chartered accountant — a member of the Institute of Chartered Accountants of India since 2011 (membership no. 138564), and a rank-holder in the Institute’s PCC examination, having secured All India Rank 33. He also holds a law degree from Sir L. A. Shah Law College, Ahmedabad, and founded Sunil Maloo & Co. in 2019.

Since 2010 his work has been exclusively in direct tax — litigation and advisory, and nothing else. His practice concentrates on search and seizure assessments, real estate and construction tax matters, appeals before the Income Tax Appellate Tribunal, the faceless assessment and appeal regime, and advisory on high-end, complex issues. He appears before the Commissioner of Income Tax (Appeals) and the Tribunal, and is instructed by other chartered accountants and advocates on matters within that field.

His approach treats a direct tax matter as a problem of strategy: reading the facts and circumstances together with the law, through the lens of how a tribunal or court actually reasons. The firm’s work is built on that method — positioning a litigation or an advisory question so that the argument follows from the record rather than around it.

  • Chartered Accountant, ICAI — membership no. 138564, since 2011
  • All India Rank 33, CA PCC examination
  • LL.B., Sir L. A. Shah Law College, Ahmedabad
  • In direct tax litigation and advisory since 2010
CA Sunil Maloo, founder of Sunil Maloo & Co.

A direct tax matter is a problem of strategy — the facts and the law read together, the way the bench will read them.

CA Sunil Maloo

How a matter runs

The record decides the appeal.

An appellate authority cannot act on an argument that has no foundation in the file. Most of the work in a tax dispute is therefore not advocacy — it is building a record that makes the argument unavoidable.

An addition sustained on an estimate is only as strong as the material the estimate was drawn from.

Practice note

Read the order against the record

The assessment order, the seized material it relies on, the statements, the show-cause and the reply are read together. What the order asserts and what the record actually supports are rarely the same document.

Separate the jurisdictional from the merits

Whether the assessment could lawfully be made at all — satisfaction, approval, limitation, service, the existence of incriminating material — is a distinct enquiry from whether the addition is right. Both are taken, in that order.

Reconcile the quantum, line by line

A blanket estimate is met with a reconciliation: what is already recorded in the books, what is duplicated across years, what pertains to another entity, and what survives. A number the Department cannot break is worth more than an argument it can.

Draft to be argued

Grounds, statement of facts and written submissions are drafted as a single structure, each ground tied to a contention and each contention anchored to an enclosure. Where a ground was missed at filing, it is brought in properly under section 250(5) rather than argued without foundation.

How we work

Four commitments.

A view, early

You are told what a matter is worth at the outset, including when the honest answer is that a ground is weak or an appeal is not worth pursuing. An early accurate view is more valuable than a late optimistic one.

The file, before the argument

Time goes into the record first — what is on it, what is missing, and what must be placed on it now so that it can be relied on later. Arguments are built on documents, not around them.

Alongside your existing advisor

Where a matter comes on referral, the existing professional stays in it. The brief is the dispute, not the relationship, and nothing is done that cuts across it.

Written to be read by the bench

Submissions are drafted for the person who has to decide — structured, indexed, and short of rhetoric. If the point cannot be found, it has not been made.

If a notice has already reached you

Start with what is in your hand.

Most of what determines the outcome of a tax dispute happens early — in what is said in reply, what is placed on record, and what is allowed to go unchallenged. Find the provision on your notice below.

Time limits do not wait for a decision.

Appeals, objections and replies each run on their own clock, and several of them are measured in days rather than months. If a limitation date is approaching, say so when you write — it changes the order in which things need to be done.

Brief us

Bring us the order and the record. We will tell you what it is worth.

An initial reading tells you where the matter stands, which grounds are worth taking, and what the record still needs. Send the assessment order and the notice, and we will respond with a view.