Litigation Management - CBDT wants coordination between CC and Counsel
IT seems in a recent incident, the High Court had passed certain remarks against the Department. It appears that that the High Court had sought certain information regarding the case from the Departmental Counsel, which was communicated to the CIT concerned but not followed up properly and the Standing Counsel could not assist the High Court in the matter.
The CBDT informs all the Chief Commissioners:
Standing Counsels have a duty to uphold the interests of the Department. Further, it is their bounden duty to obtain the information called for and comply with the direction of the Court from the CIT concerned and if the issue is not resolved at that stage, the matter should immediately be brought to the notice of the controlling Officer. i.e., the CCIT concerned. The Counsel shall keep the CIT informed of the important developments in the case from time to time particularly with regard to dates of hearing, conclusion of hearing, etc. The Counsel cannot absolve himself from his responsibility to get the direction of High Court complied with under any circumstance.
Instruction No. 7/2011 casts a responsibility on the CIT to ensure that whenever the Departmental Counsel seeks Instructions / clarifications in a case, the same are attended to by the officers concerned promptly. The Counsel should be briefed properly to strengthen Revenue's case. The CIT should personally involve himself involving intricate issues of facts / law having wide ramifications or involving high revenue stake. A copy of the scrutiny report for filing appeal to High Court should invariably be made available to the appearing counsel for his assistance in preparation of the case and arguments.
Every CCIT (CCA)/CCIT shall set up a High Court Cell (HCC) at each station within his jurisdiction where a Bench of the High Court is situated. Further, this HCC shall obtain particulars of cases finally heard from Standing Counsels at the end of the each working day and intimate the summary of proceedings to the CIT concerned without any delay. For outstation CsIT, such Information shall be sent through fax/ email.
Any laxity in adherence to this instruction will be viewed adversely against the erring Officers.
It is understood that the CBEC has such a co-ordination cell called DLC - Dedicated Legal Cell at some stations and it is also used for accommodating officers who have been posted to those parent Commissionerates which are far off but who can continue to remain on the payroll of those Commissionerates but work from the offices located in the metro-maximum city.
CBDT F.No.279/Misc./54/2015-SO(ITJ), Dated: March 20, 2015 (2 letters bearing the same number and date).