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july 2008

Supreme Court of India · 2008-07-18

Commissioner Of Income Tax,Delhi-Vi vs M/S Oriental Insurance Co. Ltd

Citation / case number
AIRONLINE 2008 SC 366
Court
Supreme Court of India
Petitioner
Commissioner Of Income Tax,Delhi-Vi
Respondent
M/S Oriental Insurance Co. Ltd
Author
Arijit Pasayat
Bench
P. Sathasivam, Arijit Pasayat

Judgment text excerpt

The Supreme Court addressed the necessity of obtaining clearance from the Committee of Disputes (COD) before filing appeals by insurance companies under the Income Tax Act, 1961. The Court held that while there is no rigid statutory time limit for obtaining such clearance, adherence to the guidelines set in Oil and Natural Gas Commission v. Collector of Central Excise (2004) is essential to avoid unnecessary litigation. The Court emphasized that appeals filed without COD clearance must be referred to the Committee within one month of filing to ensure compliance with procedural requirements.

Commissioner Of Income Tax,Delhi-Vi vs M/S Oriental Insurance Co. Ltd · Niyam