Procedure for sending proposals forgetting clearance from committee on disputes regarding cases involving Govt. Departments - Central Excise - 409/42/98

Circular No. 409/42/98-CX dated 14/7/1998 Subject: Disputes between CBEC and PSUs - Clearance by the Committee on Disputes As you are aware, in pursuance of the Supreme Court's decision for reducing litigation between one Govt. Department and another, a Committee on Disputes was created in the Cabinet Sectt. to examine the disputes and give clearance or otherwise to pursue the litigation. Accordingly, Board started receiving a number of proposals from different Commissionerates. In this connection please refer to Board's Circular No. 329/45/97-CX dated 14.8.97 (enclosed). 2. However, in the recent past, the Board has noticed that such proposals are sent to Board only after the Commissionerate's appeals were dismissed by the CEGAT as no clearance were obtained from the COD to pursue the dispute. This results in unnecessary delay in pursuing the matter in the CEGAT etc. Therefore, it is reiterated that in all such cases where the Department has filed appeals in CEGAT etc. immediate action may be taken to obtain the clearance from the CODs. In this connection it may be ensured that a self contained proposal may be sent in /each case to the Board alongwith the following documents: 1. 20 copies of 'Brief in the prescribed format (copy enclosed) 2. Four copies of Order in Appeal 3. Four copies of Order in Original 4. A copy of Memorandum of Appeal filed/to be filed in CEGAT 5. Copies of other relevant documents. The above instructions may please be followed strictly. No.l37/48/95-CX dated 18.7.95). It has been decided by the Board that the requests of the assessees in this regard should be attended in time-bound manner so, as to dispose of such cases within one month of the submission on the request. F.No. 267/58/98-CX-8