State Govt. Undertakings do not need COD clearance

Cross appeals filed by the assessee, a State Govt. undertaking, and the department were dismissed by the Tribunal on the ground that the parties had not obtained the approval of the Committee on Disputes (“COD”). The assessee as well as the department challenged the decision of the Tribunal. HELD, reversing the decision of the Tribunal: (1) Four judgments of the Supreme Court (ONGC vs. CCE 1992 Supp (2) SCC 432, ONGC vs. CCE 1995 Supp (4) SCC 541, ONGC vs. CCE 2004 (6) SCC 437 and MTNL vs. CBDT 267 ITR 647) deal with disputes between public sector undertakings of the Central Government and...