INSTRUCTION

04.07.2018

Sub.: Defence against Writ Petitions / PILs relating to GST – reg.

Sir / Madam,

In this regard, it is stated that instances have come to the notice of the Board wherein the Government Council defending UOI & Ors in the Hon’ble High Court (s) are not being assisted by the Department properly or the representative of the Department suffers from lack of relevant knowledge and information. This has been viewed seriously by the Board.

In view of the above, the Board has directed that all field formations may be directed to promptly and effectively brief the Counsels representing the Department so that no case goes unattended. An officer, at least of Deputy Commissioner level, should be made personally in charge for keeping track of the cases, the next dates of hearing, briefing the Counsel and follow-up action. Regular updates and personal monitoring of Writ Petitions involving GST matters, should be done by the jurisdictional Chief Commissioner / Director General of Central Taxes.

It must be endeavor of the Department to avoid any adverse orders / strictures and all measures necessary to efficaciously defend GST related petitions in High Court (s) be taken under your respective jurisdiction.

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