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 Excis