Sensitizing the Standing Counsels to defend Revenue before NCLT/NCLAT - Customs - F. No. 278A/38/2021-Legal

F. No. 278A/38/2021-Legal Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes Customs 'C' Wing, 5 th Floor, HUDCO-VISHALA Building Bhikaji Cama Place, R.K. Puram, New Delhi, Dated:15.02 .2023 Instruction Subject : Sensitizing the Standing Counsels to defend Revenue before NCLT/NCLAT - Regarding. References have been received in the Board wherein it has been informed that some Standing Counsels empanelled by the Board are showing reluctance for defending cases before NCLT/NCLAT. The situation is more acute when the Commissionerate/Directorate and Tribunal/Appellate Tribunal are situated at different location. 2. In this regard it has been informed that all Orders for empanelment of Sr./Jr. Standing Counsels specifically mentions that the said Counsels are appointed for High Court and other fora . The other fora necessarily, includes NCLT/NCLAT. 3. Accordingly, considering the substantial amount of revenue at stake in the cases pending before NCLT/NCLAT, Standing Counsels under your jurisdiction may be sensitized to efficaciously defend the interest of revenue before NCLT/NCLAT. Any laxity on part of the Counsels may be critically viewed by the respective Zonal Chief Commissioner/Director General and the recommended action on the said Counsels may be forwarded to the Board for necessary action. 4. It is also requested that, as far as possible, for better coordination and representation, the Commissionerate/Directorate should appoint the locally available Counsels i.e. Counsels stationed where the bench of NCLT/NCLAT is located. Yours faithfully, (Hatneinieng Touthang) Assistant Commissioner (Legal)