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Date: 19-05-2016
Notification No: Central Excise INSTRUCTION
Issuing Authority: Central Excise  
Type: Instruction
File No: F. No. 278A/54/2015-Legal
Subject: Need for timely forwarding proposal for fresh appointment/extension of tenure of SPPs handling CBEC cases before the Subordinate Courts/Courts of Session and High Court

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

INSTRUCTION

5th Floor, C-Wing, Hudco Vishala Bldg.,
Bhikaji Cama Place, R.K. Puram,
New Delhi, 19.05.2016

To

1. All the principal Chief Commissioners/Chief Commissioners of Customs/Central Excise/Service Tax.
2. The Directors General, Revenue Intelligence/ CEI.
3. < [email protected]>; Webmaster, CBEC

Sub : Need for timely forwarding proposal for fresh appointment/extension of tenure of SPPs handling CBEC cases before the Subordinate Courts/Courts of Session and High Court – reg

Sir/Madam

The Board vide Instruction dated 29.02.2016 (copy available on CBEC Website) has prescribed the procedure for selection of Special Public Prosecutors (SPPs) for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court Para ‘2’ of the said Instruction dated 29.02.2016, inter alia, provides times line for processing and forwarding the proposal to Board.

2. It has, however, been observed that most of the Chief Commissioner’s send their proposal to the Board after the expiry of the tenure of the said SPPs. In such a situation, the questions are invariably asked about the reasons for such a delay. The M/o Law & Justice has also taken a serious view in some cases and has rejected the proposed extension on account of inordinate delay.

3. You are, therefore, requested to review of the situation regarding SPP’s in your Zone and send the proposal for fresh appointment/extension of tenure of SPPs whose tenure is expiring in accordance with the procedure laid down in the said instruction to the Board at the earliest. It is again emphasised that all such proposals of extension of tenure of SPPs must be sent along all relevant documents to Board at least two months before the date of expiry of the term of SPP.

F. No. 278A/54/2015-Legal

Yours faithfully,
(YS Karoo)
Under Secretary to the Govt. of India
Tel : 011 - 26195406

       

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