Applicability of trade notice
This query is : Open
Querist : Anonymous
Querist :
Anonymous
(Querist)
16 August 2012
What is binding nature of trade advices and trade notices issued by chief CCE or CCE?
CA Suresh Jain
(Expert)
16 August 2012
The Hon’ble Supreme Court in H.L. Dattu and Chandramauli Kr. Prasad, JJ. UNION OF INDIAVersusNITDIP TEXTILE PROCESSORS PVT. LTD.- 2011 (273) E.L.T. 321 (S.C.) held that Departmental instructions - Trade Notice - Issued by Revenue Department of any one State - It is binding on all other departments with equal force all over the country - Trade Notice guides traders and business community in relation to their business as how to regulate it in accordance with applicable laws or schemes - However, as such, it is not binding on Courts but certainly binding on assessee and they can contest it.
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