Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise & Customs, New Delhi
Subject: Disputes between Customs and Central Excise Department and PSUs- permission of COD of pursuing further litigation – endorsing of copies of O-in-O passed by Commissioners of Customs & Central Excise and orders in appeals passed by Commissioners (A)- Regarding.
Please refer to the Board”s instructions issued vide D.O.E. No. 389/934- 39/91-JC dated 11.8.92 containing revised instructions on scrutiny of O-in-O, appellate orders etc., copy of which is enclosed1 herewith for ready reference. In these instructions, it was desired, inter alia, that copies of O-in-Original passed by Collectors were to be reviewed by the Principal Collectors and the same were not to be endorsed to the Board directly. Similarly O-in-A passed by the Collectors (A) were also not required to be sent to the Board.
2. In partial modification of the above mentioned instructions, it has now been decided by the Board that copies of O-in-O passed by Commissioners of Customs and/ or Central Excise as also O-in-A passed by Commissioners (A) if involving public sector under takings, should be endorsed to the Judicial Cell is the “Board”s office – by designation either to Commissioner (R)/DS (R) or to SO (Judicial).
3. Availability of such orders involving PSUs in the Judicial Cell of the Board is considered necessary for the purposes of discussions in the meeting of the COD in the Cabinet Secretariat. I am directed to say that in future copies of such orders should be endorsed without fail.