E&Y tax team exodus: Lawyer & ED Amit Bhagat joins Big 4 rival PwC as partner with team

Bhagat & Team:
Bhagat & Team:

Ernst & Young (EY India) executive director Amit Bhagat joined PricewaterhouseCoopers (PwC) as a partner in the indirect tax practice since September with his team of 12 indirect tax professionals – including two associate directors, a director and managers.

Bhagat said that though each of the “Big Four” (KPMG, EY, PwC and Deloitte) already had indirect tax practices, he would aim would be to build PwC’s practice at the pan-India level, hire the best talent, increase visibility in the market and offer the highest quality services.

“The market is opening up. There is a lot of traction. Indirect tax is gaining greater significance and attention in business transactions and operations,” he commented. “There is a lot of expectation with the major tax regime change with the goods and services tax [that] there would be a lot of activity.”

“It’s more of a competition among the Big Four,” he added when asked about whether law firms’ efforts at building tax practices were giving the accountants a run for their money, noting that law firms were not at a level yet to be major competitors to the Big Four.

Bhagat started his career as a lawyer in 1998 at litigation firm JB Dadachandji, which he said was a “legendary law firm” at the time. He moved to EY as a senior executive in 2003.

An EY spokesperson did not respond to a message seeking comment.

Comments

Black Dynamite 14 Oct 2014, 22:02
+1 -4
Interesting that LI is covering this. Much more similar stories needed. But I disagree with his comparison of law firms and the so called "big 4". Comparing apples with oranges. He cannot even practice in courts. Law firms are more law inclined (unlike the " big 4"). Seems he is already vary of the breakthrough law firms are making in the business of the "big 4".
Arijit 15 Oct 2014, 11:05
+3 -0
Hi, just to clear some misconceptions though myself being a lawyer, the main money in tax is there in tax restructuring, payroll tax model restructuring, M&A tax, transfer pricing, DTAA and tax on business transfer. Big 4's have a better perspective and has better visibility in the eyes of the management, more credibility, more analytic approach, better data-mining techniques more process driven reviews, and internal control reviews. Hell, Big 4's have even invested in hiring the top lawyers to assist their clients in litigations running upto the ITAT. IF you see the tax litigation base, 70% of the litigation base lies in the ITAT and 30% goes to High Courts and Supreme Court. Also they have a better understanding of the business model their clients are working in. Compared to the tax practices of the Big 4's, law firms hold very less visible practice and thus don't even stand to compete with the Big 4's until they change their way of working and offerings to suit management consulting than only legal advisory.
Har jeet 16 Oct 2014, 21:57
+4 -1
Have you heard of a law firm called Lakshmikumaran&Sridharan ?? If not,please visit any CESTAT in the country to figure out who they are...It will definitely be an eye opener for you wrt their scale n depth of the indirect tax practice...If it is an effort to visit CESTAT, take up few landmark judgments in indirect tax n figure out who is the leader in indirect tax lit..
Partner 16 Oct 2014, 10:48
+1 -1
[quote name="Black Dynamite"]Seems he is already vary of the breakthrough law firms are making in the business of the "big 4".[/quote]
Wary, you meant?
Lawatch 15 Oct 2014, 10:12
+2 -2
Have known Amit Bhagat for a number of years, very competent professional. All the very best!!
?? 17 Oct 2014, 06:41
+3 -0
What is JB Dadachanji? Who runs it? I've never heard of it.
Arijit 17 Oct 2014, 07:11
+1 -0
Hi Harjeet,

I have personally worked with Lakshmi Kumaran Sridharan in VAT and Customs and Excise litigations but my point is, litigation is just a sub-part of tax practice. An evolved tax practice will involve opinions on complex tax matters, tax restructuring, opinions on varying tax routes, opinions on customs and excise and mode of entry of imported goods, opinions on SEZ matters and transacting with SEZs and EOU units, indirect tax compliance and many other service offerings. The main money lies in the advisory part. I am not disputing that Lakshmi Kumaran Sridharan is one of the giants in indirect tax litigation but compared to the engagement fees earned by Big 4 in advisory through out their tax practices, the engagement fees of LKS is not that great.
Big 4 admirer 17 Oct 2014, 20:42
+3 -0
Lks consulting division is up n operational frm past 3 years... Opinion/advisory by Lks with a strong lit background is anytime better than an accountant interpreting law.. The visibility that is missing in Lks is filing tax returns n auditing the accounts.. If billing is the criteria then big 4 (not that Lks is cheap)has an edge.. As far as the quality n nature of work is concerned then Lks is way ahead of any big 4...
Anna 20 Oct 2014, 06:49
+0 -1
Being from the industry, let me tell you LKS work has disappointed us quite a number of times.. Bouquet law firms offering niche services are much better... the days of Big 4 are gone, nobody wants to pay three times the money to get work done where the same work is done better in bouquet firms for half the price..
Mishra Ji 17 Oct 2014, 10:07
+0 -0
I think there is no comparison between Big 4 and law firms simply because both operate at different levels. While Big 4s are more into the business consulting area of tax, law firms will actually give you the legal advice on tax matters. Further, Big 4s cannot practice in courts. As a matter of fact, Big 4's hardly ever conclude on any complex tax issues. If you ever read their 'memo', you are more likely to be confused rather than convinced. Even Big 4s run to Senior Counsels like S. Ganesh and N. Venkat whenever they are faced with complex issues.

Having said that, Big 4s are excellent when it comes to structuring business models or optimizing tax costs. This is one area where they are way ahead of law firms. Sadly though, thats the only area where Big 4s score over law firms.
Mishra 20 Oct 2014, 06:47
+0 -0
build PwC’s practice at the pan-India level, hire the best talent, increase visibility in the market and offer the highest quality services

Hmm.. considering his considerable experience in expanding practices, he looks to have a good vision.. hopefully this expansion will work out otherwise there could be troubled times ahead.. PwC is not as penetrative as his old employer was nor as compassionate..
jackal 20 Oct 2014, 16:26
+2 -0
I am alumnus of NLS and started my career with a big 4 and subsequently moved on to the taxation practice of a tier 1 law firm. I feel I shall be able to throw a bit of light on the issue in hand.

In my opinion,the tax practice of a big four is much more detailed, comprehensive and holistic. The primary reason for this is the nature of resource in possession. A big four firm has the advantage of working in collaboration with its transactional advisory and other super specialized finance teams.Naturally, the service rendered to the client is solution driven and industry oriented, this is particularly true of the diligence and health check reports prepared by the big four firms which are the collaborative efforts of different departments (transfer pricing, direct tax, indirect tax, financial advisory, etc). Being a tax lawyer I can assure you that for tax advisory, compliance and even litigation, atleast a rudimentary knowledge of reading and interpreting financial statements is a must, a skill often lacking in lawyers.

A law firm's tax practice is more litigation oriented with sparse advisory engagements and hardy any compliance. Indirect tax compliance involves scrutinizing invoices, previous returns, cenvat registers, etc, that are greek to most lawyers without a big four (and to an extent lks) experience. But, ironically, this litigation heavy practice model, acts as a blessing in disguise for law firms. Big ticket clients with a comprehensive in house taxation teams engage law firms. Their in house teams conduct compliance while external consultancy is asked for primarily litigating matters. These clients are capable of paying heavily and they do.

Whereas, a majority of the big four's clients are small to mid level organisations with negligible to absent in house teams. Hence, they engage the firms for recurring compliance and advisory assignments. Very rarely, do these clients' matters end up even at tribunals let alone the higher courts. A big four employee primarily spends his time at the Assessment level offices rather than judicial or quasi judicial forums.

So, the choice between a big four and a law firm depends on the size and specific needs of the clients. The bigger ones looking primarily at litigation services opt for the legal firms while the mid level firms looking at one stop comprehensive tax solutions prefer the big fours.
jackal 20 Oct 2014, 16:31
+1 -0
Also, wanted to add, that Deloitte has started poaching aggressively in indirect tax. Bhagat is moving to PwC only because almost the entire indirect tax practice of PwC has been poached by Deloitte in the last month or so, culminating with the move of the stalwart of indirect taxation, Mr. Muralidharan with his complete team. This follows the poaching of Saloni Roy from ey last year.

No disrepect to Bhagat, but he is harly a match for either Muralidharan or Saloni.
Arijit 20 Oct 2014, 17:05
+1 -0
@jackal, I completely second you. I am an alumnus of SLS, Pune and I work in the advisory practice of EY and often we coordinate with our tax practice team to provide the clients with tax compliance checklists for various geographies and research materials on transfer pricing, DTAA and related party transactions. The other way round is when we analyse risks we get the tax teams to help us in analysing contractual and transactional risks originating from import of software or hardware and analysing the BOEs, invoices and declarations. But this all depends on the clients and their choices like Jackal said. Saloni Roy is an amazing professional and leader when it comes to tax.