Court cases - Obtaining the opinion of Branch Sectt. of Ministry of Law - Central Excise - l5/91-CX.3

Court cases - Obtaining the opinion of Branch Sectt. of Ministry of Law Circular No. l5/91-CX.3 Dated 6-5-1991 [From F. No. 109/51/89-CX.3] Government of India Central Board of Excise Customs New Delhi Subject : Court cases - Obtaining the opinion of Branch Sectt. of Ministry of Law. Recently a case came to the notice of the Board where a Collector was advised to consult the Branch Sectt. of Ministry of Law in a particular matter; however, the Branch Sectt. instead of furnishing its own opinion, had forwarded the opinion of the Counsel who had appeared in the particular case without their own comments. A doubt therefore arose whether this constituted the opinion of the Ministry of Law. 2. When the matter was referred to the Ministry of Law at Delhi, they reiterated that, it would be advantageous and desirable to have the opinion of the Branch Sectt. of the Ministry of Law in these matters particularly as the Branch Sectt. would have better knowledge of the local situation and trend in the respective High Courts. The Ministry of Law has also been requested to instruct its Branch Sectts. to render all assistance in the matter of advice in such cases to the Collectors of Customs/Central Excise in the local matters. 3. It would be necessary that, to achieve a greater cooperation and rapport, the liaison with the Branch Sectt. is kept at an appropriate level equivalent to that of the Officer of the Branch Sectt. who is addressed in this matter. It would also be desirable that a personal and proper rapport is developed with them whenever such references for advice are made so that the Department's view point as well as legal issues involved are fully appreciated and a proper and early opinion obtained from Ministry of Law. 4. Member (Central Excise) desires that these references should be done at a personal level so that they are done well in time and effectively without prejudice to our efforts in the Courts.