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TMI BlogRevised schedule of fee of standing counsels and guidelines regarding their appointment appraisal etc.X X X X Extracts X X X X X X X X Extracts X X X X ..... urrence of Ministry of Law and Justice vide their Disp. No.3837/88 dated 17.10.1988, Judicial Section. 4. For the benefit of the field formations *guidelines regarding appointment of the counsels, renewal of their terms and *the appraisal of their performance, are enclosed herewith. These guidelines may be brought to the notice of concerned officers in your region. ANNEXURE-I APPOINTMENT AND RENEWAL OF TERMS OF STANDING COUNSEL. Appointment of counsels 1.1 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 request the Chief Justice of High Court concerned to propose names of 3 or 4 advocates for making appropriate selection. The Chief Commissioner shall then forward to the Board the names of the advocates proposed by the Chief Justice, their bio-data alongwith his own recommendations in order of preference. The proposal for engagement must give particulars of age, standing and experience of the advocate, his consent to terms of engagement and opinion of Chief Justice about his suitability. The terms and conditions of engagement shou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 30th September so that it could be utilised at the time of renewal and their suitability evaluated. INCHARGE OF LITIGATION AND ALLOCATION OF CASES TO COUNSEL : 1.5 The Chief Commissioner of Income-tax will be overall in charge of entire litigation work on behalf of the Income-tax Department in his region before the concerned High Court. In respect of cases assigned to DG (Inv), the DG concerned will be incharge. Allocation of cases to the counsel may be made by the Chief Commissioner/DG or by a Commissioner authorised by them or by the senior standing counsel, if so authorised. PERIOD OF APPOINTMENT/RENEWAL : 1.6 The term of appointment/empanelment of the counsel would be for a period of one year in the first instance, which may be extended for a further period not exceeding 3 years, at the discretion of the Government of India. The appointment/empanelment of the counsel would be terminable on one month's notice in writing on either side. DUTIES OF COUNSEL : 1.7 The counsel shall : i. appear in the High Court in the cases assigned to him and also appear, if so required on behalf of the Department before Supreme Court, other High Courts, ITAT and the CsIT (Appeals). ii. G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nds of appeal, application for leave to appeal to Supreme Court : Rs. 250/- per pleading etc. If substantially identical affidavits, written statements etc. are drafted in connected cases, only one drafting fee will be payable in the main case and no separate drafting fee will be payable in connected cases. Written opinion : Other than referred in para 1.7(iii) of Annexure I : Rs. 150/- per case. Retainership : The senior standing counsel will be entitled to retainership of Rs. 750/- per month. The additional standing counsel will not be entitled to any retainership. Interlocutory matters : A fees equal to 5% of the fee admissible per case will be paid in connection with interlocutory matters relating to the case. Clerkage : Clerkage or incidental expenses at the rate of 10% of the hearing fee subject to a maximum of Rs. 450/- in a case or batch of case before High Court. B. For Appearance before other courts, ITAT etc. a). At headquarters : Same as payable before the High Court, b). At other places : Entitled to a daily fee of Rs. 400/- plus travel expenses for travel by air/rail fare as admissible to Grade I/Class I officers of the Government. Rs. 100/- as conveyance char ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... full fee in the main case and Rs.50/- only in each of the connected cases. c. when substantially different affidavits are drafted in each connected case but all the cases are disposed of without contest, the Counsel shall get 1/3rd fees in the main case and Rs.50/- in each of the connected cases. d. when the Counsel has drafted the affidavit, petition or ground of appeal in the main case and has not drafted them in the connected cases or the drafts in the connected cases are substantially similar to the one in the main case and the cases are disposed of without contest, the Counsel shall get 1/3rd fee in the main case and Rs.25/- in each of the connected cases. 3.7 The fee to the Counsel will be paid on presentation of a stamped receipt, and on submission of a copy of the document drafted, if it is a drafting fee and submission of minutes or gist of proceedings, or a copy of order / judgment where it is necessary in case the claim is for appearance fee. The Counsel shall submit his fee bills within three months from the date on which the fee has accrued. 3.8 The fee will be payable in two stages : firstly, 1/3rd fee after substantial action has been taken i.e. first stage and s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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