Litigation Risk arises when a matter is not prima-facie fit or don’t have due legal legs hence when a matter reaches to the courts it causes delay or a party fails to obtain the desired reliefs. In order to mitigate Litigation Risk, knowledge of the court’s procedures and the timing to take various legal actions is of utmost importance. The objective of this workshop is to help in alignment of a company’s activities focusing the Litigation Risk, to mitigate the same.

Management of litigation, especially in fiscal matters starts from the issue of show-cause-notice by the respective authority, then passing of order, demand notices, thereafter appeals are preferred before different forums up to Supreme Court.
At the initial level besides advocates, other professionals are also involved like Chartered Accountants, Income Tax Practitioners etc. however after Tribunal level, only advocates can represent a person before the High Courts and Supreme Court.

Besides Tax References against the Tribunal’s orders before High Court, various Constitutional Petitions are also filed challenging the vires of various enactments or illegal action of the public officers threatening fundamental rights as guaranteed under the Constitution.

CFOs and Senior Finance Professionals are the key officers of a company to deal with lawyers especially in respect of Fiscal Litigtation i.e. litigation regarding Income Tax, Sales Tax, Custom Duty, Provincial Sales Tax on Services etc.

Therefore, it is important for the CFOs and Senior Finance Professionals as well as other officials involved in litigation matters, to know at what point of time, a lawyer is to be consulted or engaged as lawyers also require due time to properly prepare a matter in order to obtain the desired reliefs. It is therefore very necessary that the CFOs and Senior Finance Professionals are also familiar with the court process and what reliefs may be obtained from the court to develop an effective strategy along with the lawyer. The preparation is not only required for a possible Civil Litigation but also for a misconceived Criminal Litigation especially in lieu of recently active Anti-Money Laundering, Benami and Other Laws.

This one-day workshop will help the participants in understanding the court procedures, various terms used in the courts, various documents filed, understanding court’s notices, orders and judgments etc. which will help the participants to identify the litigation risk to take appropriate as well as timely actions to mitigate the same.

The knowledge of court process, orders, terms etc. will also help the participants in effectively discussing the matters with lawyers to design an appropriate litigation strategy.

The facilitator of the workshop having both litigation and the practical experience of working in the Corporate Sector at key positions, especially heading Internal Audit, is duly poised for the workshop to smoothly take the participants through the workshop in order to mitigate litigation or in case it arises, then to take appropriate timely actions by imparting critical litigation knowledge to make it worth more than the investment in the workshop.

This workshop has been specially designed for CFOs and Senior Finance Professionals however anyone who is interested in understanding Court Procedure can attend the workshop.

1. Overview of Court’s process in Civil matters, documents, terms, notices/orders/judgments/decree etc.
2. What are Suits, Petitions, References, Appeals, Interlocutory Applications, etc.
3. Overview of Court’s process in Criminal matters with elaboration of White Collar Crimes and matters before Accountability Courts (NAB), Special Court for Offences in Banks, Anti-Corruption, Special Customs Court etc.
4. Litigation Risks and controls
5. Overview of issues decided by the Courts in respect of Fiscal Litigation as reported in the law journals, during the last six months, mainly relating to Income Tax, Sales Tax, Sales Tax on Services, Excise Duty, Custom duties etc.
6. Study of selected reported cases.

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