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Practice Areas

Competition Law & Antitrust

Anand advises and represents foreign, multinational and Malaysian enterprises on competition law and anti-trust matters across a variety of industries, including consumer goods and services generally, financial services, general merchandising and retail, logistics, pharmaceutical products, medical devices, telecommunications and multimedia, fast moving consumer goods, direct selling, manufacturing and distribution, construction and others.  

Anand carries out competition audits, reviewing vertical and horizontal commercial arrangements to ensure compliance with the Malaysian Competition Act 2012 and so forth. He also conducts trainings and workshops for clients and event organisers.

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Tax & Revenue

Anand acts for taxpayers on all aspects of tax and revenue law advisory, structuring, planning, audit, investigation, dispute resolution (including advising taxpayers on the settlement of tax cases with the Revenue or in dealings with governmental authorities) and litigation (including tax appeals, civil suits, declaratory proceedings, judicial review applications, windings up etc.) work.

Anand has experience in advising private and public listed companies as well as multinational clients covering a broad spectrum of commercial activities including, amongst others, manufacturing companies, service providers and professionals, housing and commercial developers, holding companies, oil and gas related industries, insurance and financial institutions etc. in regard to tax and corporate law matters.

He has appeared regularly and extensively as Counsel for taxpayers before the Special Commissioners of Income Tax and the Superior Courts of Malaysia in numerous tax cases. A number of cases in which he has appeared as Counsel have been reported.

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He also practices in Energy, Sports Law and Regulatory Compliance and Enforcement.

Qualifications

• LL.B (Hons), London
• Certificate of Legal Practice
• Advocate & Solicitor, High Court of Malaya

Admission to the Bar

Malaya (1996)

Professional Memberships

• Member of the Malaysian Bar
• Member of the International Fiscal Association ("IFA"), Malaysia Branch
• Committee member of IFA Malaysia
• Member of the Competition Law Sub-Committee of the Bar Council, Malaysia 
• Chair of the GST and Tax Sub-Committee of the Malaysian Bar
• Former Chair of American Malaysian Chamber of Commerce (AMCHAM) Tax Committee
• Member of the International Bar Association (IBA)
• Rapporteur for Malaysia - International Bar Association (IBA) Antitrust Committee Newsletter
• Rapporteur for Malaysia - International Bar Association (IBA) Tax Committee Newsletter

Awards and Recognition

Competition Law & Antitrust

• Asialaw Leading Lawyers 2015 and 2016 - a "Leading Lawyer" in Competition & Antitrust practice.

• Chambers Asia Pacific 2013 - "Anand Raj.... He is also particularly adept at advising on competition law."

• Chambers Asia Pacific 2015 - "Anand Raj of Shearn Delamore & Co is a well-known tax lawyer who is increasingly active advising on competition matters, including investigations by MyCC. His expertise is sought after by clients across a wide range of industries, including the likes of KFC, Tesco and IJM Group."

• Chambers Asia Pacific 2016 - "Anand Raj of Shearn Delamore & Co is an established tax lawyer who is also known for his thriving competition practice. Acting on behalf of Giga Shipping and Nexus Mega Carriers, he was successful in concluding MyCC investigations into suspected abuse of dominance."

• Chambers Asia Pacific 2017 - "Anand Raj of Shearn Delamore & Co is well regarded among peers for his "intellectual rigour," advising clients from a broad spectrum of sectors. He co-led in assisting Giga Shipping in an abuse of dominance case involving the MyCC, and also has significant expertise regarding tax law."

• Recognised by and listed in The International Who’s Who Legal: Competition Lawyers for 2013, 2014, 2015, 2016 and 2017.

• Shearn Delamore & Co has been named the ASIAN-MENA COUNSEL 'IN-HOUSE COMMUNITY FIRM OF THE YEAR' in Malaysia for the Anti-Trust/ Competition in 2011, 2012, 2014 and 2016.

• Shearn Delamore & Co’s Competition practice has been rated as “Highly Recommended” by Global Competition Review in its 2012-2016 Malaysia survey and rated as "Elite Firm" in 2017.

• "Competition clients come from sectors as diverse as consumer goods and services, financial services, oil and gas, pharmaceuticals, telecommunications and manufacturing and distribution. Much of the work for these clients has been general compliance work."

• "Shearn Delamore has for much of its century-long history been one of Malaysia’s leading law firms and this year became Who’s Who Legal’s Malaysian law firm of the year.  In all, eight partners do some competition work, although Anand Raj is by far the most specialised of these."

• Anand Raj has been recognised for this work as Competition Counsel by the Global Compeititon Review (GCR).

Tax & Revenue

• Asialaw Profiles 2010 - "...and Mr. Anand Raj... recognised as Malaysia's key practitioners in Tax."

• Asialaw Profiles 2011 - “Raj has provided us with excellent advice and service, is very knowledgeable and is well respected in the legal profession, both by those in private practice and also by the Revenue counsel.” 

• Asialaw Profiles 2013 - a "Recommended Lawyers". “The firm’s preeminent Tax practice has been highly praised and partners to note include ...and Anand Raj.”

• Asialaw Profiles 2014 - a "Recommended Lawyers". “...and Anand Raj are recognised as eminent lawyers in the field. Also a key competition law partner, Raj has been advising major local and multinational companies on matters relating to compliance with the Malaysia Competition Act 2010.”

• Asialaw Profiles 2015 - "Anand is praised for his “entrenched knowledge on Malaysia tax law”, while the practice is commended for its “reliable, thorough and assured service”."

• Asialaw Leading Lawyers 2014, 2015 and 2016 - a "Leading Lawyer" in Tax practice.

• Chambers Asia Pacific 2009 - "Anand Raj leads on this matter...; clients remark that "he takes on our issues as if he is one of us." A dynamic lawyer, he is admired for introducing novel perspectives and formulating innovative strategies in complicated taxation matters."

• Chambers Asia Pacific 2010 - "Another leading member of the team is Anand Raj who earns praise from clients for his up-to-date knowledge of tax regulations. He took the lead in successfully securing tax incentives for US-based National Instruments in connection with its establishment and operation of a factory in Penang."

• Chambers Asia Pacific 2011 - "High profile tax practitioners Anand Raj stands out for this keen ligitation skills and extensive knowledge of regulations. He played a leading role in representing an engineering and construction company in an appeal before the SCIT and the High Court, obtaining a favourable ruling."

• Chambers Asia Pacific 2012 - "Partner Anand Raj gains praise for his "very professional, very knowledgeable" outlook and he recently led on the Atwood Oceanics matter."

• Chambers Asia Pacific 2013 - "Anand Raj earns tremendous respect from the market and has a broad practice that covers both tax and revenue law advice as well as contentious matters. He is also particularly adept at advising on competition law."

• Chambers Asia Pacific 2014 - "Anand Raj is another key partner in the tax practice and is very highly regarded by peers and clients alike. He continues to handle some of the firm's most important cases and is increasingly active in competition law. He successfully advised Evermaster Wood Products in judicial review proceedings against the Minister of Finance and Minister of International Trade & Industry."

• Chambers Asia Pacific 2015 - "Anand Raj is a highly respected lawyer who is adept in both tax and competition matters. He is particularly noted for his handling of tax structuring matters, investigations and disputes. He advised Shell Refining Company on an appeal against the Director General of Inland Revenue in the High Court, and obtained a deduction of some expenses incurred by the client in respect of a feasibility study pursuant, plus a discharge of all penalties imposed."

• Chambers Asia Pacific 2016 - "Anand Raj is a prominent figure in the industry thanks to his work on significant litigation cases for numerous international and Malaysian clients. He advises on issues including tax structuring and planning and is also notable for his growing competition practice"

• Chambers Asia Pacific 2017 - "Anand Raj is a highly experienced practitioner with expertise covering a broad range of tax advisory and litigation work. Sources describe him as "a smart guy" who is "able to understand exactly what the issues are and how to move forward." His work highlights include representing Wincor Nixdorf in a judicial review before the High Court pertaining to import duties and sales tax."

• Recognised by and listed in Who's Who Legal 2014 - The International Who's Who of Business Lawyers 2014

• Recognised by and listed in The International Who’s Who Legal: Corporate Tax Lawyers 2016 and 2017

• The Legal 500 Asia Pacific 2007 - "Anand Raj is the other expert partner lending his excellent reputation to the firm's name."

• The Legal 500 Asia Pacific 2008 - "Anand Raj has been involved in a number of High Court judicial reviews on taxation issues."

• The Legal 500 Asia Pacific 2009 - "Anand Raj and ...rated for their tax experience."

• The Legal 500 Asia Pacific 2010 - "Clients are 'delighted' with Anand Raj, who is described as 'outstanding'."

• The Legal 500 Asia Pacific 2011 – “Tax litigation specialist Anand Raj is ‘knowledgeable’, ‘professional’ and ‘responsive’ and is ‘recommended for tax appeals’."

• The Legal 500 Asia Pacific 2012 – "The highly experienced Anand Raj ‘has sound knowledge of income tax law and can effectively present a case in court."

• The Legal 500 Asia Pacific 2014 – a “Recommended Lawyers”. "Anand Raj, who has been highly active in tax appeals, recently represented an international apparel company in its successful transfer pricing appeal, which voided penalties incurred.”

• The Legal 500 Asia Pacific 2015 - "Shearn Delamore & Co acts for major domestic, foreign and multinational clients on tax litigation and advisory matters. It successfully represented Shell in a High Court case in which an appeal by the inland revenue was dismissed, and also recently advised Prudential Financial on corporate tax issues. The four-partner team includes ...and tax and revenue lawyer Anand Raj."

• The Legal 500 Asia Pacific 2016 - "Anand Raj acted for The Boston Consulting Group in a High Court case concerning transfer pricing, and represented Shell in an appeal."

• The Legal 500 Asia Pacific 2017 - "At Shearn Delamore & Co, highlights for Anand Raj included representing Wincor Nixdorf in judicial review proceedings before the High Court regarding import duties and sales tax, and applying for leave to appeal to the Federal Court for Port Dickson Power."

• International Tax Review’s Tax Controversy Leaders - Leading Advisor for 2013, 2014, 2015 and 2016.

• International Tax Review 2009 - "Anand Raj has been recommended for tax controversy."

• International Tax Review 2010 - "Tax controversy expert Anand Raj has also been involved in some of the firm's largest transactions over the past year."

• International Tax Review 2011 - "Acting as counsel, Anand Raj...for the Malaysian Bar on three of four issues raised before the Court of Appeal in the director general of Inland Revenue's Appeal (W-01-13-05). Anand Raj...was also involved in acting as co-counsel for Esso Production Malaysia (ExxonMobil) and Esso Malaysia Berhad in the Court of Appeal involving withholding tax principles with ramifications for all Malaysian and non-resident taxpayers in the provision of services by non-residents."

• International Tax Review 2012 - "...Anand Raj...received much praise from peers in the market. Raj...discussed investment incentives with the Ministry of Finance for a US electronics manufacturer seeking to establish operations in Penang."

• International Tax Review 2013 - "Anand Raj is notable individual that has been singled out as one of the leading practitioners this area."

• International Tax Review 2014 - "Rivals name Anand Raj a good tax litigator."

• 2006 and prior years - omitted due to space constraints.

• From 2000 todate the Tax and Revenue Practice of Shearn Delamore & Co. has been consistently ranked in Tier 1 by all relevant directories.

Publications

Anand is the Malaysia Rapporteur for the International Bar Association’s Antitrust & Competition Newsletter.

Anand is the Malaysia Rapporteur for the International Bar Association’s Tax Committee.

Anand has written articles on Malaysian Tax and Revenue Law and contributed significantly to domestic and international tax and accounting journals such as the Tax Nasional (published by the Malaysian Institute of Taxation), Akauntan Nasional (now known as Accountants Today, published by the Malaysian Institute of Accountants) and the Asia Pacific Tax Bulletin, published by the International Bureau of Fiscal Documentation, Amsterdam.

He is one of the authors of Bloomberg BNA's Business Operations in Malaysia.

Languages

English, Bahasa Malaysia

Contact

Telephone: +603 2027 2828
Fax: +603 2072 5499
Email: anand@shearndelamore.com

 
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