INSTRUCTION NO. 3/2012, [F. NO. 279/MISC./M-75/2011-ITJ]
DATED 11-4-2012
To,
AllChief Commissioners of Income Tax,
All Director Generals of Income Tax
Sub : Guidelines for engagement of Standing Counsels to represent the Income-tax Department before High Courts and other judicial forums; revision of their Schedule of fees and related matters- Forwarding of Instructions regarding
Sir/Madam,
I am directed to enclose Board s Instruction No. 3 of 2012 dated 11-04-2012 on the above mentioned subject. This may be brought to the notice of all concerned within the region for compliance. Further, the Instruction may be brought to the notice of all the Standing Counsels engaged by the department as per earlier Instruction No. 8 of 2007 and the Bar Associations of the respective High Courts.
2. As per para 5 of the Instruction, the revised retainer s fee is applicable only in respect of engagement of Standing Counsels to be done on the basis of applications received from the Counsels in accordance with the terms and conditions laid down in this Instruction. Therefore, fresh engagement of Standing Counsels as per this Instruction should immediately be taken up as per the procedure laid down in para 3 of Annexure I of this Instruction and proposals sent to the Board at the earliest. The number of Senior and Junior Standing Counsels to be engaged for the region should be decided after proper assessment of the workload.
3. The Standing Counsels working under the current panelthat are not recommended for engagement in the fresh panel drawn from the proposals received on the basis of this Instruction, may continue to represent the department till the fresh panel of names is approved by the Board by way of issue of sanction order. After engagement of fresh panel by the Board, the term of Standing Counsels who were not recommended could be terminated.
4. While calling for the proposals for engagement of Senior Standing Counsels it should be ensured that willingness/unwillingness of the Counsel is taken on Whether engagement as Junior Standing Counsel would be acceptable, if the department considers it appropriate?
5. In all the proposals for engagement of fresh Senior/Junior Standing Counsels, the following information may be provided alongwith the proposal
a. Names of the existing Senior Standing Counsels alongwith the number of cases being handled by them.
b. Names of the existing Junior Standing Counsels alongwith the number of cases being handled by them independently (not as an assistance to Sr. Standing Counsels), if any.
6. In order to ensure that the bills of Standing Counsels do not remain pending due to insufficient fund under the head Professional Services , theCCsIT/CsIT may ensure that sufficient budgetary provisions are made under the head Professional Services in their budget estimates well in time.
Yours faithfully,
Encl: As above
(Gaurav Kanaujia)
Deputy Secretary to Government of India
Copy to:
1. The Chairman, Members and other officers in CBDT of the rank of Under Secretary and above.
2. DGIT(Vigilance), New Delhi
3. DIT(PR,PP & OL), MayurBhawan, New Delhi for printing in the quarterly Tax Bulletin and for circulation as per usual mailing list.
4. The DGIT(Systems), ARA Centre, Jhandewalan Extension, New Delhi
5. DIT(PR,PP &OL), MayurBhawan, New Delhifor printing in the Tax Bulletin and for circulation.
6. ITCC section, CBDT
7. Official Language section for Hindi translation
(Gaurav Kanaujia)
Deputy Secretary to Government of India
CAclubindia
