In Future, No Laxity in assistance rendered to Court - CBDT Member assures HC
THIS is an Income Tax Appeal filed in 2003 by the Commissioner of income Tax. On 11.11.2011, the Standing Counsels told the Court that their payments have not been made. The High Court directed the authorities to file a chart giving the details of the total bills raised month-wise by each of the 10 standing counsels, the amounts for which these have been settled and the payments released against the bills. The reason for the difference between the bills raised and as paid was also to be communicated to the counsels and incorporated in the chart.
On 20.12.2011, the Court noted, "An affidavit has been filed by the CIT (Judicial) to the effect that the new draft instructions on engagement of standing counsel is under consideration by CBDT, New Delhi and have not yet been issued. We would like to await the said new instructions. List for directions on 3rd February, 2012."
On 3rd February 2012, the Standing Counsel requested for some more time and the case was listed for 27.03.2012.
On 27.03.2012, the Court noted, "We are informed that effectively there has been no progress in the mater. It is stated that some proposal has gone through the Ministry of Revenue, Department of Expenditure. We consider it appropriate that the concerned Member, CBDT (A and J) should remain present in court along with the proposal sent to the Ministry. The matter will be taken in Chambers at 4.15 pm. List on 18.04.2012."
On 18.04.2012, the learned Counsel for Revenue circulated an adjournment slip. The High Court directed the case to be listed on 26.4.2012 and the Member, CBDT was required to be present.
Apparently, nothing happened till 18.10.2012, when the case was listed. The High Court observed,
"Mr. K P Chowdary, Member, A & J and Mr. Amitabh Misra, Chief Commissioner-III, are present in the court. It is stated by them that insofar as the revamping the system and giving better assistance to the court is concerned, all necessary action as they would take has been taken. We would thus naturally expect that now there would be no lack of proper assistance to the court.
Insofar as the fresh panel is concerned, it is stated that the matter is pending consideration of the Law Ministry and as and when the approved list is received, it will come into force.
Learned Member has explained that insofar as the issue of payment of fee to the counsel is concerned, the admitted fee is being paid and the arrears towards the admitted fee are expected to be cleared in the next two months. However, there appears to be some dispute of parameters, which the Member says will be sorted out with the counsels themselves.
Learned Member also states that the frequent changes in the Board occur qua the subject matter being dealt with by the Member on account of the tenure of the Members themselves being quite short running not more than about a year within which time there is also shifting of the designation of the work. This is an aspect to be dealt with by the Department itself.