valid assessment in accordance with the circular and the said circular being beneficial circular was binding on the IT authorities. In this respect he referred ... Board has power to issue beneficial circulars and there is also no doubt that such circulars are binding on IT authorities but he pleaded that
circular, Appeals are maintainable in a case where
circular is required to be interpreted. As, in this case also, the
circular was required ... circular remains in force it is not open to the subordinate officers
to contend that the circular is erroneous and not binding on them
circular, Appeals are maintainable in a case where
circular is required to be interpreted. As, in this case also, the
circular was required ... circular remains in force it is not open to the subordinate officers
to contend that the circular is erroneous and not binding on them
counsel, the primary issue that arises for consideration is - Does the Circular bind the authorities?
11. Under Section 3 , a dealer is liable ... Dhiren Chemical Industries ' case (supra) is clear and the circulars bind the subordinate authorities.
29. A fact, which deserves mention, is that the Board
binding upon IT authorities or not. He submitted that the issue regarding the binding nature of Board circulars has been adjudicated upon by various Courts ... have just referred are legally binding on the Revenue and this binding character attracts to the two circulars even if they be found
petitioner cannot rely on the Circulars.
The learned counsel also contended that the Circulars will not bind the
16/94
http://www.judis ... Board of Direct Taxes are
legally binding on the Revenue and this binding
character attaches to the circulars even if they
be found
have just referred are legally binding on the
Revenue and this binding character attaches to
the two circulars even if they be found ... ground which is contrary to the
circular.
6. Circulars and instructions issued by the
Board are no doubt binding in law on the
authorities under
assessing authority cannot ignore the circular or refuse to follow the circular on the ground that circular is not in accordance with the provisions ... above basis'. The later circular refers to the contents of the earlier circular as 'instructions'. Both circulars have been issued
such circular
remains in force, it is not open to the subordinate
officers to contend that the circular is erroneous
and not binding on them ... above circular with a view to
reduce litigations before High Courts and Supreme
Court. The said circular is binding on the Revenue though
learned Counsel
viii) of the Act without giving reasons for
not considering the binding Circular NO. 72 dated 06.01.1972
issued by CBDT, binding on the Revenue which ... Section
36(l)(viii) of the Act without giving considering the binding Circular
No.72 dated 6.1.1972 CBDT, binding on the Revenue which clarifies
that
