No.C-18013/08/2015-Ad . IVA

Government of India
Ministry of Finance
Department of Revenue
(Central Board of Excise & Customs)

5th Floor, HUDCO Vishala Building,

Bhikaji Cama Place, New Delhi.

Dated: 22nd April, 2016.

To

All Principal Chief Commissioners/

Directors General and

All Cadre Controlling authorities under CBEC

Subject: Handling of Court/CAT cases by the filed formations under CBEC­ Instruction regarding

Sir.

It has come to the notice of the Board that in a number of cases where O.As/WPs/SLPS were filed before the Courts/CATs against the Departments, there have been inordinate delays in filing counter replies especially in those cases where the jurisdictional CCs/DGs have not been made respondents. This has led to adverse orders and indictments from the Courts/Tribunal and imposition of fines on the department.

 2. Instructions have been issued by the Board from time to time for handling of court matters. However, it has been observed that these instructions have not been adhered to by many of zonal offices under CBEC. In this context, attention is invited to para 3 of the D.O. letter No.A-12034/38/2012.Ad.IIIB(Pt) dated 15.10.2012 (copy enclosed) wherein detailed instructions with respect to the action to be taken on receipt of a copy of an OANVP/SLP, as the case may be, has been given. Further, instructions on handling court cases has also been issued by the Board vide letter No. C-18-12/06/2013-Ad.11.B dated 05.04.2013 (copy enclosed)

 3. It is once again reiterated that appropriate action should be taken in time for preparation and filing of counter reply to court cases so as to avoid adverse orders and indictment from the courts.

Yours faithfully

(Amarjit Singh

Deputy Secretary to the Government of India

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