CBDT circular vs Judicial Pronouncements
This query is : Resolved
23 April 2017
Can judicial pronouncements of HC n SC override CBDT circular, kindly provide answer with refrence to law
Prakash Kochar
(Expert)
25 April 2017
Circular is not a law. If CBDT circular is against the law, then circular can be neglected. Judicial Pronouncement override CBDT circular.
243 ITR 808 (SC).
S. R. F. case 193ITR 95.
243 ITR 808 (SC).
S. R. F. case 193ITR 95.
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26 April 2017
but some CBDT circulars are Clarificatory in nature, and it is sometimes mentioned in them that all litigations wrt to this matter shall be pressed upon. then this means such Clarificatory circular overrides judicial pronouncements?
Dhirajlal Rambhia
(Expert)
23 October 2021
No. For that act is to be modified to that extent. Once the act is modified, based on that any circular/notification issued, then the judgement gets nullification due to its basis on earlier rules and not the updated one.
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