JUDGMENT:

ARIJIT PASAYAT, J

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) deleted the addition made. The Tribunal accepted the stand of the respondent- insurance company. Certain other connected cases were also dealt with.

3. In all these appeals the question is whether the Department would prefer appeals and/or file petitions without obtaining clearance from the Committee of Disputes (in short `COD) constituted in terms of order of this Court. According to the High Court it was necessary to refer the matter to the said Committee. The High Court held that the same was to be done within a period of one month in terms of the order of this Court in Oil and Natural Gas Commission v. Collector of Central Excise (2004 (6) SCC 437). Accordingly the appeals were dismissed.

4.. The High Court held that since this Court had set the time frame there is no scope for any deviation therefrom.

5. Learned counsel for the appellant submitted that there is really no statutory and/or rigidly framed time limit. This Court only highlighted the desirability of early action so that unnecessary litigation can be avoided.

6. Learned counsel for the respondent submitted that in some cases the concerned Committee has also declined to grant permission and those appeals have become infructuous. In Oil and Natural Gas Commissions case (supra) this Court observed as follows:

"5. It is also clarified that even the pending matters before any court or tribunal should also be the subject-matter of the deliberations of the High-Powered Committee. All the matters pending as of today 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 court or tribunal, the order of 11-10-19911 clarifies: (SCC p. 542, para 4)

"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 and in the absence of the clearance, the proceedings would not be proceeded with."

8. Wherever appeals, petitions, etc. are filed without the clearance of the High-Powered Committee so as to save limitation, the appellant or the petitioner, as the case may be, shall within a month from such filing, refer the matter to the High-Powered Committee, with prior notice to the designated authority in the Cabinet Secretariat of the Government of India authorised to receive notices in that behalf. Shri K.T.S. Tulsi, learned Additional Solicitor General stated that in order to coordinate these references of the High-Powered Committee the Government proposes to nominate the Under-Secretary (Coordination) in the Cabinet Secretariat as the nodal authority to coordinate these references. The reference shall be deemed to have been made and become effective only after a notice of the reference is lodged with the said nodal authority. The refere