Settlement of disputes between one Govt. Department and another and one Govt. Department and a Public Enterprise and one Public Enterprise and another -reg. - Central Excise - 329/45/97-CX

Circular No. 329/45/97-CX dated 14/8/97 F.No. 390/74/97-JC Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs Subject: Settlement of disputes between one Govt. Department and another and one Govt. Department and a Public Enterprise and one Public Enterprise and another -reg. I am directed to invite your attention to Board's Circular No. 27/27/94-CX dated 2.3.94 issued from F.No. 390/140/93-JC wherein it was directed that whenever any appeal/ petition is prepared to file by the Department before any Court or Tribunal in a matter relating to PSU, the Commissioner should send a self contained proposal for consideration of the Committee on Disputes along with relevant enclosures to the Board. As per the Supreme Court order dated 7.1.94 enclosed with the above instructions even in respect of pending cases clearance was to be obtained from the Committee on Disputes. 2. Instances have come to the notice of the Board where/ in the above regard, proposals have not been received in time from the Commissioners and it is only after the CEGAT asked for the clearance of COD that the proposals are being sent by the Commissioners for immediate/ urgent clearance of the COD. 3. The Board desires that the Commissioner should personally review all the cases where clearance of COD is required but which might have yet not been referred to for required clearance of the COD. In respect of all such cases, proposals should be sent immediately to the Board enclosing the relevant documents particularly S.C.N., order-in-original, Appeal order, Memorandum of appeal, etc. 4. In future it should be ensured that all such cases are promptly referred to for COD clearance. Sd/- (M.K. Gupta) Director (Review)