Non-Representation in Customs Cases: CBIC conducts 'HC Litigation Monitoring Fortnight' post Bombay HC Order imposing Cost on Pr. Chief Commissioner [Read Circular]

In connection with the recent Bombay High Court judgment ordering to impose costs on Pr. Chief Commissioner (Customs) and adjust the same from the salary, the Central Board of Indirect Taxes and Customs (CBIC) has decided to conduct HC Litigation Monitoring Fortnight from 14.07.2022 to 27.07.2022.

Bombay High Court in the case of Jaspal Singh Chandok v. Union of India and Ors, wherein Hon'ble Court has expressed its anguish on the non-appearance of counsels in many matters of Customs. The Court noted that if any matter is adjourned due to the absence of any representative, the Court shall impose costs, which is to be recovered from the salary of the Principal Chief Commissioner concerned.

“In this regard, it has been ascertained that in many old matters pertaining to indirect taxation before Hon'ble Bombay High Court, even the counter-affidavit has not been filed as yet. Further, in many cases the counsels have ceased to be on the panel, as most of these cases are prior to the year 2007-08, when the indirect tax matters were represented by counsels appointed by the M/o Law & Justice, as the present scheme of empanelment of Sr/Jr Standing Counsel was introduced in the year 2007-08,” the Board said.

Accordingly, for safeguarding the interests of Revenue, the Board has decided to conduct a two-week, HC Litigation Monitoring Fortnight from 14.07.2022 to 27.07.2022. The following shall be observed during the fortnight in order to (i) Review all the cases pending with each Commissionerate that would be conducted, especially the old cases (cases which are more than L0 years old i.e. filed prior to 01..01..201.2.).

According to the statement, wherever the counsels have ceased to be on the panel, new counsel shall be allotted as per extant instructions. It would be ensured that necessary affidavits would be filed in all such old cases during the said fortnight.

“The Principal Commissioner/Commissioner concerned shall personally interact with the Counsel with whom old cases are pending and ensure that cases are defended efficaciously. If any old case has become ripe for withdrawn, either due to increase in monetary threshold or the law is settled, the said action would be taken in the fortnight,” the Instructions said.

To Read the full text of the Circular CLICK HERE

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