TaxTMI 
TaxTMI 
2009 (4) TMI 651
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.... decisions of the Tribunal in the matter of National Fertilizers Ltd. v. C.C.E., Ludhiana reported in 2005 (182) E.L.T. 166 (Tri.-Del.) and Rasthriya Chemicals & Fertilizers Ltd. v. C.C.E., Raigad reported in 2007 (80) RLT 426 submitted that the present proceedings are continuation of the old proceedings wherein there was already COD clearance granted and therefore, there is no need for fresh COD clearance. He further submitted that earlier appeal filed by the appellant, certain reliefs were granted except in relation to the freight and for that the matter was remanded for fresh decision to the Commissioner and the present appeal relates only to the matter which was remanded for re-consideration by the Commissioner and therefore, according ....
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....stry of Government of India, Ministry and Public Sector Undertaking 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. 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 would function with status, control and discipline. 4. It shall be the obligation of every court and every Tribunal where such a dispute is raised hereafter to demand a clearance from the Committee in case it has not been so pleaded a....
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....very stage, it involves expenditure which cast burden upon public exchequer in relation to public body. Apparently the directions issued by the Apex Court is not only to have check over unwarranted litigation but also to have check over unwarranted expenditure which could be the burden on the public exchequer. Bearing this in mind, there is no scope to read in the directions issued by the Apex Court that the clearance at the first stage of the litigation would be sufficient for second or third stage of the said litigation. 7. The direction by the Supreme Court in ONGC's case clearly states that setting up of such Committee is necessary "to ensure that no litigation comes to Court or a Tribunal without having been first examined by the....