Binding natutre of CBDT circular
This query is : Resolved
17 December 2009
Can AO ignore the circulars issued by the CBDT at the time of making assessment?
If no than how revenue can protect them-self from a circular which results in the benefit of the assessee but loss to the revenue.
If no than how revenue can protect them-self from a circular which results in the benefit of the assessee but loss to the revenue.
17 December 2009
Supreme court has held that the binding CBDT/CBSE circulars need not be followed by the lower authorities and they are allowed to decide the cases before them disregarding the circulars. Citation:- CCE Vs Ratan Melting & Wire Industries (2008) 220 CTR 98(SC).
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