\ & HIGH COURT OF CHHATTISGARM AT BILASPUR M.C.C.No.35of2010 APPLICANT: E.E. (Hq) 0/0 Additional C.E. (8), H.T.P.S., C.S.E.B, Korba CA/est). (CG) Versus NON-APPLICANT: The Assistant Commissioner of I.T. (T.D.S.),Bilaspur(CG) [Wrongly mentioned as the Assistant Commissfoner of 1R (T.D.S.), Bilaspur (C©) jn order dated 29/04/2009 AnnexureA/1] , Present: Shri Ravishankar Prasad, Sr. Advocate with Smt. Suparna Shrivastava and Shri Sumesh BajaJ, Advocate for the applicant. Shri Rohit Arya, Sr. Advocate with Shri Rajeev Shrivastava, Advocate for the respondent. Division Bench: Hon'ble Shri Dhirendra Mishra & ; Hon'bte Shri R.N. Chandrakar. JJ. ORALORDER (20-1-2010) i. This petition has been flled for recalling the order dated 29th April, 200^- passed in Tax Appeal (I.T.) No.4/2005 {E.E. (Hq) O/o Additjonal C.E, (S), HTPS, C.S.E.B., Korba (West), (CG) Versus the Assistant Commissioner of I.R. fT.D.s) Bilaspur (CG)} (Ahnexure-A/1), as the said appeal was disposed of with an observation that the same is not entertainable in the absence of clearance from CoD constituted as per the directions of the Hon'ble Supreme Court. However, liberty was reserved to the appellant to move this Court after obtaining clearance from the CoD, if necessary. 2. By this petition, the applicant has brought to our notice that after passing of the aforesaid order, they approached the Govemment of Chhattisgarh and they apprised that no such Committee or Forum has been set up to act as agency for avoiding litigation between the department of the Central Government and the State Government DepartmenVState Government owned Public Sector Undertaking vide Annexure-A/2. Thereafter they further fumished information of the Cabinet Secretariat, Government of India vide Annexure-A/4 to the effect that no such Committee has so far been formed to sort out difference between the Central Government and the State Governnwnt entities. In these circumstances, the order under reference coutd not be complied with and the same is to be decided on merits. 3. Shri Rohit Arya, learned Senior Advocate with Shri Rajeev Shrivastava, leaned counsel appearing for the non-appljcant submitted that he has no objection if the order dated 29th April,2009 passed in Tax Appeal (I.T.) No.4/2005 is recalled and the matter is posted for final hearing. 4 Accordingly, the order dated 29th April, 2009 pas$ed in Tax Appe_9i1 (IT) No.4/2005 is hereby recalled and Tax Appeal (I.T.) No.4/2005 is directed to be restored to its original number. It be delinked from other connected matters and posted for final hearing in its usual course. 5. With the aforesaid direction, MCC is disposed of. Sd/- R.N. Chandrakar Judge Barve Sd/- Dhirendra Mishra Judge