Standing counsels for Indirect taxes cases in High Courts
The Central Excise and Customs is represented in the High Courts by the Additional Solicitors General of India and in the Tribunals by the Departmental Representatives from JDR to CDR. Now the CBEC has been has been assigned the powers to appoint Standing Counsels to handle the litigation of Indirect Taxation before the various High Courts / Tribunal / BIFR / AAIFR / DRT and other statutory bodies / authorities and also to regulate their terms and conditions of engagement etc.
There would be three categories of counsels,
a. Junior Standing Counsels
b. Senior Standing Counsels
c. Standing Counsels
Apart from the usual advocates, the Junior Standing Counsel could be former officers of the Department of the rank of Addl. Commissioner and below and senior Standing Counsels can be retired/resigned officers of the rank of Commissioner and above and also or retired/resigned as Member/Vice President/President of CESTAT/Settlement Commission and is enrolled/registered as an advocate in the High Court.
DDT recently reported the agony of a former Member of the CESTAT who was called up by a PS to the Chief Commissioner to find out if he is interested in such a job. Even for this job the retired officers will have to apply to the Chief Commissioner who will recommend the candidate's suitability to the Board.
And the Senior Standing Counsel will get a princely fee of Rs. 4500/- for appearing before the High Court. Remember Monkeys and peanuts?
CBEC's F.No.278A/43/2007-Legal dated the 05th December, 2007