Notification Vs Circular

Final 783 views 2 replies

CIRCULAR

whenever any doubt is raised on any topic in the industry BOARD ( CBDT or CBEC etc ) issue CIRCULAR to clarify the provision

BINDING NATURE

They are binding on the departmental officers and not on the assessee. Supreme Court, High Court and Tribunal are not bound by the circulars

AS respected Supreme Court held in case of INDIA OIL CORPORATION  that

--> Circular are not advisory for the officers but are binding on them .

--> Department cannot take a plea that a circular is contrary to the statue or is invalid .

--> If circular are beneficial in nature assessee can take the benefit of the same .

NOTIFICATIONS

ALL notifications are issued under DELEGATED LEGISLATIVE power . Notification has FULL STATUTORY Force as if it is contained in the ACT itself . AND THEREFORE THEY ARE BINDING ON ASSESSEE, Officers And ALL COURTS.

 

 

AFTER GETTING THIS I HOPE NOW YOU HAVE AN EXPERT LEVEL KNOWLEDGE ABOUT IT

BEST OF LUCK

Replies (2)

1. Quote Important definition and provisions and explain them by bullet points.

2. Give Headings and Sub headings to your answer and undeline the same .

3. Read the Question carefully more than once before starting the answer to understand

    very clearly as to what is required by the Paper - Setter.

4. Always be Concise and write to the point and do not try to fill pages unnecessarily.

5. In case a questiomn is not clear , you may state u'r assumption and then answer the question.

6. While writing the answer of Essay Type questions , Try to make Sub headings so that it catches the 

    examinaer eye.In case of case study be very precise and write u'r onclusion in a clear manner.

Your 1st quote is really good

 

Your 2nd quote is too loudy for studying.


CCI Pro

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register