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2016 (7) TMI 1688

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..... for which delay they cannot be held responsible. The Department will, without any delay, issue instructions consistent with the directions issued in para 7 of the order dated 29th March 2016 to the effect that if there is a delay beyond three working days after the clearing of the bill for payment in making actual payment through RTGS, then the Department will be liable to pay interest on the amount paid to the counsel for the period of delay at the same rate at which refunds are made to the Assessees. Petition disposed off. - JUSTICE S. MURALIDHAR JUSTICE And VIBHU BAKHRU Mr. Sanjay Jain, Additional Solicitor General with Mr. Rahul Chaudhary, Mr.Ruchir Bhatia, Mr. Shreshth Jain, Advocates for the Revenue Mr. N.P. Sahn .....

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..... onths. 6. Mr. Jain states that he will have this issue again examined thoroughly and revert to the Court about the precise dates on which payments through RTGS were made into the accounts of the panel counsel in regard to the bills cleared for payment. 7. The Department will issue a fresh set of instructions specific to the issue of clearance of the bills of panel counsel. Inter alia it should mandate that if there is a delay beyond three working days after the clearing of the bill for payment in making actual payment through RTGS, then the Department will be liable to pay interest on the amount paid to the counsel for the period of delay at the same rate at which refunds are made to the Assessees. The instruction will further m .....

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..... all also take place within the time limit set out in the CBDT instructions. The various steps highlighted by the Department can easily be telescoped and the time period shortened if the process is streamlined and the passing of the papers from one desk to the other is made seamless through digitisation. In fact, the Department working under the Ministry of Finance should take the lead in digitisation of its entire internal process and if that is done then even thirty days' time for processing and clearing of bills may not be necessary. 5. We are in 2016 with the Government of India talking of a Digital India . Perhaps the Department should be a role model for how it can operationalize this vision of a Digital India by digitisation .....

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..... e following directions are: (a) The Department will, without any delay, issue instructions consistent with the directions issued in para 7 of the order dated 29th March 2016 to the effect that if there is a delay beyond three working days after the clearing of the bill for payment in making actual payment through RTGS, then the Department will be liable to pay interest on the amount paid to the counsel for the period of delay at the same rate at which refunds are made to the Assessees. (b) The instruction will further make it clear that if there is any deliberate non-compliance with the said instructions then the interest for the period beyond three months will be recovered from the salary of the concerned officers found responsible f .....

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