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TMI BlogRevision of schedule of fees payable to Standing Counsels before various High Courts - Appointment of Counsels Guidelines regarding.X X X X Extracts X X X X X X X X Extracts X X X X ..... dated 5.4.2000 and may be brought to the notice of all the officers in your region. F. No. 278/6/95-ITJ (ANURADHA GOYAL) Deputy Secretary Central Board of Direct Taxes ANNEXURE-1 APPOINTMENT AND RENEWAL OF TERMS OF ENGAGEMENT OF STANDING COUNSEL 1.1 Appointment of counsels The Standing Counsels are engaged at different High Courts to represent the Department in cases relating to direct taxes. For the purpose of appointment, the Chief Commissioner of income tax should send names of the advocates along with their bio-data, experience in dealing with direct tax matters, his/her consent to the terns of engagement to the Board for making the necessary appointment. The terms and conditions of engagement should be in accordance with the revised terms and conditions applicable to them w.e.f. 1.6.2000. Since large revenues arc, at stake, it is very important and necessary that the best Counsels, who are considered suitable from the Department's point of view, are engaged. The first appointment of Counsels should normally be made for a period of three years. Earlier requirement as outlined in instruction 1.6.2000 seeking the recommendation of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 filling an appeal from such a decision; (iv) render all assistance to the Law Officers, Advocate General of the State government, Special or Senior Counsel, if required to do so 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 c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unter affidavits/returns/answers to the writ petition, grounds of appeal, etc. application for leave to appeal to Supreme Court: Rs.750/- per pleading If substantially identical affidavits, written statements etc. are drafted in connected cases, only one drafting tee will be payable in the main case and no separate drafting fee will be payable in connected cases. 6. Written option Other than what is referred in Para 1.7(iii) of Annexure I Rs.450/- per case 7. Retainership The senior Standing Counsel will be entitle to a retainership of Rs.3,000/- per month which will include charges for staff, office rent, postage and all other establishment charges. The other Standing Counsels will not be entitled to any retainership. 8. Clerkage Clearkage at the rate of 10% of the hearing fee subject to a maximum of Rs. 1,800/- in a case or batch of cases before the High Court. 9. Out of pocket expense The amount required for court fees at the time of filing a case and other miscellaneous expenses should be paid to the Counsel in advance by the Chief Commissioner. An account of the expenses incurred should be rendered to the Chief Commissioner whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... For example, cases in,which the interest of the Department is to be watched pending instructions, the cases involving transmission of records to the Supreme Court, inspection of the Court record for ascertaining the position of the case or other information needed. 12.3 If the Counsel appears at the instance of the Union of India or for parties other than the Union of India whose scales of fee are not inconsistent with that of the Union of India, he will be entitled to only one set of fees. 12.4 Appeals, revision or petitions arising from one common judgement or order will be considered together as one case if they are heard together. 12.5 Uncontested matters In uncontested cases, the fee shall be 1/3rd of the fees otherwise payable but if such a case is later on restored and decided in contest, the remaining 2/3rd of the fee will be payable. A case shall be regarded as contested when a decision is given after hearing arguments on both sides. The case shall also be deemed to be uncontested if the court decides that the case is a covered one. For example if the court follows its own judgement or judgement of the Supreme Court, the case is considered to be a covered one. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tes or gist of proceedings, or a copy of order/judgement where it is necessary in case the claim is for appearance fee. The Counsel shall submit his bills within three months from the date on which the fees have accrued. 12.10 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. 12.11 Where during the pendency of a proceeding, there is a change of Counsel, a fee commensurate to the work carried out by the outgoing Counsel, not exceeding 1/3rd of the total fee admissible for the case, may be paid to him. In such an event, only the balance of fee payable in the case will be paid to the new Counsel after completion of the case. 12.12 When the Counsel does not argue the case himself but only assists the Law Officer or any other special Counsel, he will be entitled to the same fee as is payable to him as it the case has been argued by him, 12.13 No fee will be admissible for preparation of cases but the Government may consider payment of separate fee for prepar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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