Become a Govt. Certified GST Practitioner. Batch begins 18th Nov. Register Now!

Cbdt circular vs supreme court judgement

Sunil P (Partner) (30 Points)

29 March 2012

When CBDT issues a circular beneficial to the assessee but which is in substance running against an earlier judgement of the Supreme Court , will it be binding? If binding ,then why?

Reply
Follow
Share

2 Replies

gbalakrishnan (owner) (1373 Points)
Replied 16 June 2012

just because the circular gave the waiver in black and white!

Upgrade to CAclubindia Pro. Subscribe Now!

gbalakrishnan (owner) (1373 Points)
Replied 16 June 2012

The principle is except fundamental rights of an individual every other thing is amenable to waiver as per supreme court decisions. Govt always changes its decisions after declaring specially in finance Acts, so waiver is very common, but tax assessment officer sits tight on your Return of income(ROI) then he creates a lot of problems and court cases are multiplying. CBDT circulars are very normal just because every new issue brings forth new problems then CBDT issues a circular so our finance Acts are on of the most unreliable acts of the government. so government accepts the 'prnciple of waiver' as sacrosant.

so probably soon Supreme court may come with a judgement that since 'Waivers' are common in govt then why it assessee canot be given that waiver means retractions that is normally available in criminal law as witness can retract!

it means there are no solutions to issues but just it is called 'managing' that way landed our great 'management education' that means all commercial issues are not solved but just managed so spend few lacks to learn how to manage but not to solve!