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TMI Blog2008 (7) TMI 11X X X X Extracts X X X X X X X X Extracts X X X X ..... 16286/2007) (Civil Appeal No. 4523/2008 @ SLP ( C ) No. 16982/2006 (Civil Appeal No. 4527/2008 @ SLP ( C ) No. 19728/2007) (Civil Appeal No.4537/2008 @ SLP (C ) No. 12829/2007) JUDGMENT Dr. ARIJIT PASAYAT, J 1. Leave granted. 2. In all these appeals, identical questions are involved. The assessee in each case is an insurance company and is covered by the Insurance Act, 1983 (in short the 'Insurance Act'). According to the appellant every insurance company has to be assessed under Section 44 of the Income Tax Act, 1961 (in short the 'Act') as per Rule 5 of the First Schedule. An assessment was made in each case and the same was upheld by the Commissioner of Income Tax (Appeals). The Income Tax Appellate Tribunal (in short the 'Tribunal' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay either instituted by the Union of India or any of the public sector undertakings shall within one month from today be referred by the appellant or the petitioner, as the case may be, to the High- Powered Committee. The High-Powered Committee will deal with these matters most expeditiously and endeavour to resolve the matters. 6. Accordingly, there should be no bar to the lodgement of an appeal or petition either by the Union of India or the public sector undertakings before any court or tribunal so as to save limitation. But, before such filing every endeavour should be made to have the clearance of the High-Powered Committee. 7. However, as to what the court or tribunal should do if such judicial remedies are sought before such a cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owered Committee is made in the manner indicated that the operation of the order or proceedings under challenge shall be suspended till the High-Powered Committee resolves the dispute or gives clearance to the litigation. If the High-Powered Committee is unable to resolve the matter for reasons to be recorded by it, it shall grant clearance for the litigation." (underlined for emphasis) 6. Referring to the order passed by this Court on 11.10.1991 i.e. Oil and Natural Gas Commission and Anr. V. Collector of Central Excise (1995 Supp (4) SCC 541), this Court held that in the matter of setting up of the function of the High Powered Committee for resolving disputes between Union of India on one hand and Public Undertaking on the other require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, Maharashtra Ltd. And Ors. (2007 (7) SCC 39). 10. It needs to be emphasized that there was actually no rigid time frame indicated by this Court. The emphasis on one month's time was to show urgency needed. Merely because there is some delay in approaching the Committee that does not make the action illegal. The Committee is required to deal with the matter expeditiously so that there is no unnecessary backlog of appeals which ultimately may not be pursued. In that sense, it is imperative that the concerned authorities take urgent action otherwise the intended objective would be frustrated. There is no scope for lethargy. It is to be tested by the Court as to whether there was any indifference and lethargy and in appropriate cases refuse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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