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TMI Blog2006 (7) TMI 113X X X X Extracts X X X X X X X X Extracts X X X X ..... 5-86. 2.Concededly, the appellant is a public sector undertaking. 3.The appellant has raised the following substantial questions of law for consideration. (i) Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in dismissing the appeals of the appellant without considering the Explanation "loss shall not include depreciation" as pro vided in section 115JA of the Income-tax Act, 1961 ? and (ii) Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in calculating the MAT provisions in section 143(1)(a) proceedings ? 4.Before proceeding further on the above questions, it is settled law that the appellant ought to have obtained clearance of the High Powered Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... de 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 would function with status, control and discipline.' It is abundantly clear that the machinery contemplated is only to ensure that no litigation comes to court without the parties having had an opportunity of conciliation before an in-house Committee." (b) In Canara Bank v. National Thermal Power Corporation [2001] 1 SCC 43, wherein it is held that frivolous litigationS between Government Departments and public sector undertakings should not be dragged on in the courts, and (c) In Chief Conservator of Forests, Government of A. P. v. Collector [2003] 3 SCC 47 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Natural Gas Commission v Collector of Central Excise [1992] Supp (2) SCC 432 called upon the Cabinet Secretary to handle such matters In Oil and Natural Gas Commission v Collector Qf Central Excise [1995] Supp (4) SCC 541, tins court directed the Central Government to set up a Committee consisting of representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law, to monitor dispute 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 e by the Committee and its clearance for lit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... edure Code that two Departments of a State or Union of India and/or a department of the Government and a public sector undertaking fight a litigation in a court of law. Such a course is detrimental to public interest as it entails avoidable wastage of public money and time. These are all limbs of the Government and must act in co-ordination and not confrontation. The mechanism set up by this court is not, as suggested by Mr. Andhyarujina, only to conciliate between Government Departments. It is also set up for purposes of ensuring that frivolous disputes do not come before courts without clearance from the High Powered Committee. If it can, the High Powered Committee will resolve the dispute. If the dispute is not resolved the Committee wou ..... X X X X Extracts X X X X X X X X Extracts X X X X
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