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TMI Blog2009 (4) TMI 416X X X X Extracts X X X X X X X X Extracts X X X X ..... t being the Income tax department and the respondent being a State Owned Corporation, before filing an appeal against the respondent, the appellant ought to have obtained clearance from the committee on disputes. Since this had not been done, the appeal was not maintainable. - 16 of 2009 - - - Dated:- 6-4-2009 - K. RAVIRAJA PANDIAN, M. M. SUNDRESH JJ. Mrs. Pushya Sitaraman for the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Assessing Officer disallowed the depreciation by giving effect to the order of the Commissioner of Income-tax passed under section 263 of the Act. While giving effect to the order under section 263 of the Act, the Assessing Officer adopted the book profit of Rs. 4,99,88,250 as taxable income of the assessee. Against that order, the assessee preferred an appeal before the Commissioner of Income-t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt, the appellant ought to have obtained clearance from the Committee on Disputes (CoD). The apex court, in the case of Oil and Natural Gas Corpn. Ltd. v. City and Industrial Development Corporation, Maha-rashtra Ltd. [2007] 7 SCC 39, after referring to the earlier cases in ONGC v. CCE [1992] Supp 2 SCC 432, ONGC (II) v. CCE [1995] Supp 4 SCC 541, ONGC III v. CCE [2004] 6 SCC 437 in which directi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of India must evolve a mechanism for resolving interdepartmental controversies. Constitution of committees suggested which should consist of Chief Secretary, Secretaries of the departments concerned, Secretary of Law and Secretary of Finance (where financial commitments are involved) whose decision should be binding on all departments concerned." 6. The apex court also held that it shall be the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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