TMI Blog2011 (5) TMI 785X X X X Extracts X X X X X X X X Extracts X X X X ..... the decision of the Apex Court would apply retrospectively. Once the law has been clarified, it is not necessary for the Board further to clarify that the same would be effective right from the day on which the orders were passed which have been recalled, request for recall of the order allowed and the appeal is restored to the board - E/3286/2005 - M/380/2011-WZB/C-II/(EB), - Dated:- 20-5-2011 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uest for permission to file the appeal. It is also not in dispute that the said rejection was in terms of the directions which were issued by the apex court passed in various cases of ONGC Ltd. The apex court by order passed in Electronics Corporation of India Ltd. v. Union of India reported in 2011 (265) E.L.T. 11 (S.C.) = 2011 (21) S.T.R. 593 (S.C.), has clearly held that the earlier orders givi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as regards the requirement of NOC of the Committee on Disputes. The said mechanism was followed pursuant to certain directions issued by the apex court. Once those directions stood recalled, the question of dismissal of the appeal on the basis of absence of NOC does not arise. 4. Besides, if one peruses the directions which were issued by the apex court under various orders which have been reca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tee on Disputes. This in fact has been clarified by the Board under para 3 of the Circular dated 24th March 2011, which reads thus :- 3. In view of the above there is no requirement of obtaining approval of the Committee on Disputes for pursuing litigations as was being done. Field formations may now pursue their appeals in the respective Tribunals/Courts without obtaining clearance from the Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground of refusal of the permission by the Committee on Disputes, the appeal could not have been dismissed and yet the appeal was dismissed solely on the said ground, as rightly pointed out on behalf of the department, such an order deserves to be recalled. In fact, similar such orders have been recalled in some other matters also. 7. Accordingly the request for recall of the order dated 27-1-20 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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