CBIC instruction for performance review of the standing counsels representing Department before High Courts.

CBIC issued instruction that the Appeals or Petitions filed before High Court must be handled effectively and diligently, leaving no room for laxity. It also reiterated that success in the cases pending before Hon’ble High Court requires extensive deliberation and cooperation between the Commissionerates and the Counsels. 

Few important paras of the instruction is as below.

F.No.278A/36/2020-Legal
Government of India 
Ministry of Finance 
Department of Revenue 
(Central Board of Indirect taxes & Customs) 
Legal Cell 

Sub: Performance Review of the Standing Counsels representing Department before High Courts -reg

Instructions have been issued by the Board from time to time so as to ensure that the appeals and petitions filed before Hon’ble High Courts in the country are defended and pursued efficaciously. Any adverse order by the High Court may have All India ramifications, and considering the limited scope of SLP under Article 136 of the Constitution of India, it becomes imperative that all possible steps are taken by the field formations to defend the interests of revenue before respective High Courts effectively. This necessarily entails monitoring of performance of the Standing Counsels, representing the Department before Hon’ble High Courts on a regular basis and taking any corrective steps including assignment/re-assignment of cases to the counsels accordingly.

2. There is a need to ensure regular and timely monitoring of the performance of the Counsels and to ensure proper assistance to them by the Department. Accordingly, in continuation to the Board’s earlier letter vide F.No. 278A/43/2007- Legal dated 05.12.2007, the undersigned has been directed to state the following for immediate compliance: 

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4. It is reiterated that the Appeals/Petitions filed before High Court must be handled effectively and diligently, leaving no room for laxity. The success in the cases pending before Hon’ble High Court requires extensive deliberation and cooperation between the Commissionerates and the Counsels.

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