Fee payable to senior standing Counsels - Generous government- CBDT norms - you will get monkeys for the peanuts
The Senior Standing Counsels will get Rs. 4500/- for appeals in the High Court, Rs. 1500/- for drafting pleadings, written statements in suits, counter affidavits/returns/answers, Rs. 900/- for opinion, a maximum of Rs.3,600/- as clerkage, telephone bill of Rs.1000/-, He will get no fee for adjournment,
30% of the fees payable to the Counsel shall be deducted if certified copy of the judgment is not handed over to the Commissioner/Director of the Income tax within ten days (excluding the time taken by the Court) from the date of judgment.
When the Counsel files separate and materially different affidavits, applications or grounds of appeal etc. in more than one case but the argument is heard in the main case and the other cases are decided accordingly, the Counsel shall be paid the full fees in the main case and Rs.200/- for each of the connected cases,
The fees will be payable in two stages, 1/3rd fees after substantial work has been carried out and the remaining 2/3rd fees after the case has been decided. If the high court decides that no question of law is involved, only 1/3rd of the fees shall be payable to the Counsel.
No fee will be admissible for preparation of cases but the Government may consider payment of separate fee for preparation in special cases involving arduous work.
And what are the qualifications?
Senior Standing Counsels:
In order to be eligible for appointment as Senior Standing Counsel a person should
i. be enrolled/registered as an advocate with the High Court
ii. have a minimum experience of five years of handling direct tax matters before High Courts or Tribunals.
OR
Have been an officer of the Income-Tax Department who retired/resigned from the post of Commissioner of Income-Tax or above or retired/resigned as Member/Chairman of ITAT/Settlement Commission and is enrolled/registered as an advocate in the High Court.
Duties of the Counsel
The Counsel shall:
(i) appear in the High Court in the cases assigned to him and also appear, if so required on behalf of the Department, before the Supreme Court, other High Courts, Tribunals, Settlement Commission, Commissioner of Income Tax (Appeals) and other statutory bodies
(ii) give legal advice to the Department on such civil, criminal and revenue matters pertaining to direct taxes and such matters arising in the course of administration of the Department as are referred to him by the officers of the Department including:
(a) examination and settling of drafts of legal nature,
(b) examination of trust deeds and draft rules of provident funds for recognition, and
(c) drafting of applications, petitions etc. to be filed in courts of law.
(iii) when any case attended to by him is decided against the Department, give his opinion regarding the advisability of filing an appeal against such a decision
(iv) if required, render all assistance to the law officers, Advocate General of the State government, special or senior Counsel, who may be engaged in a particular case before the High Courts, Tribunal, etc.
(v) keep the Department informed of the important developments in the case from time to time particularly with regard to drafting, filing of papers, dates of hearing of the case, supplying copies of
judgment etc.
(vi) furnish to the Department monthly statement about the cases represented by him before High Court or any other authority.
(vii) Perform such other duties of legal nature, which may be assigned to him by the Income Tax Department.
And he will be always under the watchful eyes of the Chief Commissioner. Now where would you get such a counsel? No wonder the Government loses cases!
CBDT INSTRUCTION NO 8/2007, Dated: August 30, 2007