Clarification regarding binding nature of circular and instructions- (Ministry of Finance ) (21 Sep 2015)
In light of various decisions by the Supreme Court, the Ministry of Finance issued clarifications on whether service tax, customs and excise field officers are bound by circulars, during the period the circular has not been rescinded. It disseminated, Circulars contrary to the judgments of the Supreme Court become non-est in law and should not be followed. All pending cases pursuant to the law laid down by the High Court or Supreme Court would have to conform to such decisions.
Relevant : Commissioner of Central Excise, Bolpur v. Ratan Melting and Wire Industries MANU/SC/4587/2008
Tags : TAX CIRCULAR OVERRIDE JUDGMENT SUPREME COURT