1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. WRIT PETITION NO.1232 OF 2001. Union of India, Ministry of Railway, New Delhi and another. .vs. Commissioner of Income Tax,Vidarbha,Nagpur and 2 ors. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Mr.R.S.Sundaram,Adv.for the petitioners. Mr.A.S.Jaiswal, Adv. for the respondents no. 1 and 2. Coram: ANOOP V. MOHTA and C. L. PANGARKAR J. Dated : 7th AUGUST, 2007. 1. This is a writ petition filed by Ministry of Railway, thereby challenged the order dated 22/2/2001 passed by the Commissioner, Income Tax under Section 264 of the Income Tax Act, 1961. Without going further into the merits of the matter, both the counsel fairly stated that pursuant to the order referred in AIR 2004 SC 2434 (Mahanagar Telephone Nigam Ltd. ..vs.. Chairman, Central Board, Direct Taxes and another), which 2 reads as under - “We direct that the Government of India shall set up a Committee consisting representatives from the Ministry of Industry, the Bureau of Public Enterprises and the Ministry of Law, to monitor disputes between Ministry and Ministry 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” 3 and also in (2007)7 SCC 39 (Oil and Natural Gas Corporation Ltd. ..vs.. City and Industrial Development Corporation, Maharashtra Ltd. and others), the Government of India has constituted a High Power Committee to resolve the said disputes. In other similarly situated matter, such dispute was referred between Assistant Commissioner of Income Tax, Nagpur ..vs.. Central Railway. In view of this, without observing anything, this matter be referred to the said Committee to settle the dispute and decide it in accordance with law. The petitioners to take steps accordingly. As there is interim order passed by this court, that interim order shall continue till the decision of Committee as referred above. All points are kept open and liberty is also granted. JUDGE. JUDGE. chute 4