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Regarding disputes between CBEC and PSUs - Clearance by the Committee on
Disputes - Implementation of decisions
Circular
No. 156
dated 17th November 1995
As
you are aware, in pursuance of the Supreme Courts' directive for reducing
litigation between the Deptt. of Revenue and PSUs, etc, litigation's before
CEGAT and Courts can be pursued only with the prior clearance of the High
Powered Committee on Disputes constituted in the Cabinet Sectt. Those cases
which are not considered fit for further litigation by the Committee cannot be
pursued by the concerned appellants viz. PSUs or the Deptt. or Revenue, as the
case may be, before CEGAT or the Courts.
2.
The Committee on Disputes has been holding regular meetings, and issuing
minutes in regard to the decisions in the cases taken up the Committee. The gist
of these Minutes is regularly being communicated to the concerned Commissioners
for necessary action. However, there has been no feed back from the
Commissioners in regard to the action taken by them.
3.
It is presumed that the concerned Commissioners have taken necessary
action i pursuance of the Minutes of the COD meetings communicated to them. In
those cases of Department's appeals where permission was refused by the COD,
necessary application has to be made before the CEGAT/Court for treating such
cases as withdrawn. In other cases, we have to communicate the Minutes of the
COD Meetings and request CEGAT/ Courts to expedite proceedings.
4.
Further, in those cases of PSU-assessees' appeals wherein permission for
further litigation has been refused by the COD, it has to be seen that CEGAT or
the concerned Court is apprised of the position so that their appeals are
withdrawn leading to the recovery of pending dues, if any.
5.
It is desired by the Board that compliance report on the action taken in
pursuance of the Minutes of the COD meetings, communicated so far for the past
cases, may please be sent in the enclosed* proforma. This should be
attended to within 30 days of the receipt of this Circular.
6.
For future cases, on receipt of the Minutes of the COD Meetings,
Compliance should be reported in the same proforma within a reasonable period of
30 day or so.
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