ISLAMABAD: The Federal Board of Revenue (FBR) has been given autonomy to appoint advocates on panel of the FBR, on higher fee structure, without approval from the Law and Justice Division. The FBR will apply the enhanced fee structure for the advocates prospectively.

The approval of the Law and Justice Division would not be required. According to the FBR's instructions to the field formations, Rules of Business, 1973, were amended after due efforts by the Legal Wing vide 5R01025(1)/2020, dated 08.10.2020 as a result of which, the board has now been given autonomy to appoint advocates on panel of the FBR without approval from the Law and Justice Division. In the 8th meeting of the Board in Council, the revised fee structure of the panel advocates was also approved.

The revision of the fee structure has led to considerable increase in prescribed professional fee of panel advocates. Henceforth, Chief Commissioners (Inland Revenue) and director generals will have more financial decision making space, this is expected to result in hiring of good advocates and better and effective representation by the panel advocates at different legal fora.

The action is expected to lessen the objections raised by legal fora regarding poor performance of the FBR Panel Advocates. The revised fee structure as approved by the Board-in-Council is being circulated for convenience of the field formations, the FBR added.

The FBR further stated that presently, professional fee-to Panel Advocates and Advocates-on-Record is paid in accordance with the fee structure approved by the Law and Justice Division vide U.0 No.1/2/2005- LA, dated 02.03.2017. As desired by the Board-in-Council meeting, proposed rates of normal professional fee for Panel Advocates and Advocates-on Record are mentioned for consideration and approval of the Board-in-Council.

In case of civil courts, the existing rate of fee structure is Rs30,000 for first case and for identical each additional case Rs4,500 but aggregate fee shall not exceed Rs120,000. The revised rates of fee structure revealed Rs50,000 first case and for identical each additional case Rs6,000 but aggregate fee shall not exceed Rs200,000.

To deal with the cases of the Federal Service Tribunal, the existing rate of fee structure is Rs30,000 first case and for identical each additional case Rs4,500 but aggregate fee shall not exceed Rs120,000.

The revised rates of fee structure revealed Rs50,000 for first case and for identical each additional case Rs6,000 but aggregate fee shall not exceed Rs200,000. In cases at the forum of Appellate Tribunals, the existing rate of fee structure revealed Rs40,000 first case and for identical each additional case Rs6,000 but aggregate fee shall not exceed Rs160,000.

The new rates of fee structure revealed Rs60,000 first case and for identical each additional case Rs8,000 but aggregate fee shall not exceed Rs260,000. To deal with the cases of the High Courts, the existing rate of fee structure revealed Rs60,000 first case and for identical each additional case Rs8,000, but the aggregate fee shall not exceed Rs200,000.

Under the revised fee structure, Rs100,000 first case and for identical each additional case Rs10,000 but aggregate fee shall not exceed Rs400,000 miscellaneous expenses including court fee: Rs3,500 1st case and for identical each additional case Rs2,500. In case of Supreme Court, the existing rate of fee structure revealed Rs100,000 first case, and for identical each additional case Rs10,000 but aggregate fee shall not exceed Rs400,000.

The new rates of fee structure revealed Rs150,000 first case and for identical each additional case Rs15,000 but aggregate fee shall not exceed Rs600,000. Advocate-on-Record Supreme Court, the existing rate of fee structure revealed first case AOR fee Rs12,000 and additional identical case Rs4,500 but aggregate fee shall not exceed Rs150,000. Miscellaneous expenses in first case Rs5,000 and for identical additional per case Rs3,500.

Under the revised fee structure for the advocates, first case AOR fee Rs18,000 and additional identical case Rs6,000 but aggregate fee shall not exceed Rs216,000. Miscellaneous expenses in first case Rs8,000and for identical addition per case Rs5,000, the FBR added.

Copyright Business Recorder, 2021

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