TMI Blog2020 (2) TMI 618X X X X Extracts X X X X X X X X Extracts X X X X ..... uted on the basis of the rates enforced for the financial year in which the payment is made on the estimated income of the assessee ? HELD THAT:- Undoubtedly, the Constitution Bench of the Supreme Court in Electronics Corporation [ 2011 (2) TMI 3 - SUPREME COURT ] reversed its earlier decision in ONGC s case [ 1991 (10) TMI 58 - SUPREME COURT] and held that approval of the COD in terms of its earlier judgment was not required. Since the Supreme Court in Electronics Corporation (supra) has recalled its all earlier judgments whereby following the decision in ONGC s case (supra) direction was issued to resort to mechanism of settlement of inter/intra government disputes by referring matter to Committee on disputes and the said committ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unal is justified in dismissing the appeal in limine on the ground that approval from High Powered Coordination Committee has not been taken when a question of law was posed by the revenue to the effect that Section 192 of the statute clearly postulates that a person responsible for paying income chargeable under the head 'Salaries' shall at the time of payment deduct income tax on the amount payable at the average of income tax computed on the basis of the rates enforced for the financial year in which the payment is made on the estimated income of the assessee ? 3 . The appellant-Revenue preferred appeals before the learned Tribunal against two separate orders dated 6.6.2003 and 9.8.2003 passed by the Commissioner of Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduct income-tax on the amount payable at the average rate of income-tax computed on the basis of the rates in force for the financial year in which the payment is made, on the estimated income of the assessee under this head for that financial year. The approval of the COD was required only where the appeal relates to disputes between Government Department and PSUs. Learned counsel has further submitted that the Supreme Court in Electronics Corporation of India Limited vs. Union of India and others (2011) 3 SCC 404 has reversed its earlier judgment in ONGC's case (supra). 5 . Learned counsel for the respondent could not dispute the aforesaid proposition. However, it was contended by him that the appeal was admitted in 2006 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 (SCC pp. 541-42, para 3). *** *** *** 15. By another order dated 20-7-2007 ( Oil and Natural Gas Commission v. City Industrial Development Corpn. Maharashtra Ltd. - (2007) 7 SCC 39 case) this Court extended the concept of dispute resolution by High-Powered Committee to amicably resolve the disputes involving the State Governments and their Instrumentalities. The idea behind the setting up of this Committee, initially, called a High-Powered Committee (HPC), later on called as Committee of Secretaries (CoS) and finally te ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s. Civil appeals lie to this Court. Stakes in such cases are huge. One cannot possibly expect timely clearance by CoD. In such cases, grant of clearance to one and not to the other may result in generation of more and more litigation. The mechanism has outlived its utility. 18. In the changed scenario indicated above, we are of the view that time has come under the above circumstances to recall the directions of this Court in its various Orders reported as (i) 1995 Supp (4) SCC 541, Oil and Natural Gas Commission v. CCE dated 11.10.1991, (ii) (2004) 6 SCC 437, Oil and Natural Gas Commission v. CCE, dated 7.1.1994 and (iii) (2007) 7 SCC 39, ONGC-IV dated 20.7.2007. 8 . Since the Supreme Court in Electronics Corporation (supra ) has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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