9911796707
TMI Blog2009 (9) TMI 892X X X X Extracts X X X X X X X X Extracts X X X X ..... proceedings shall remain stayed pertaining to the present revision - 64, 65, 73,74 of 2007 - - - Dated:- 10-9-2009 - SATISH CHANDRA DR. , J. DR. SATISH CHANDRA J. All the revisions have been filed by the assessee under section 11 of the U.P. Trade Tax Act, 1948 against the different orders of the Tribunal dated April 26, 2007 and March 28, 2006, respectively, for the assessment years mentioned above. The brief facts of the case are that the assessee is the Corporation of U.P. Government known as U. P. Bridge Corporation who is responsible to construct, execute, carry out, improve, work, develop, administer, manage, control or maintain all types of bridges and other structures works and conveniences pertaining to the bridges ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... upreme Court directed the Central Government to set up a Committee consisting of representatives from the Ministry of Industry, the Bureau of Public Enterprises and Ministry of Law, to monitor disputes between Ministry and Ministry of the Government of India, Ministry and public sector undertakings of the Government of India and public sector undertakings in between themselves, to ensure that no litigation comes to court or to a Tribunal without the matter having been first examined by the Committee and its clearance for litigation. The Government may include a representative of the Ministry concerned in a specific case and one from the Ministry of Finance in the Committee. Senior officers only should be nominated so that the Committee woul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ittee only has to refuse permission to litigate. No right of the Department/public sector undertaking is affected in such a case. The litigation being of a frivolous nature must not be brought to court. To be remembered that in almost all cases one or the other party will not be happy with the decision of the High Powered Committee. The dissatisfied party will always claim that its rights are affected, when in fact, no right is affected. The Committee is constituted of highly placed officers of the Government, who do not have an interest in the dispute, it is thus expected that their decision will be fair and honest. Even if the Department/public sector undertaking finds the decision unpalatable, discipline requires that they abide by it. O ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
