Circulars are not binding on assessee
WebFeb 5, 2024 · The Assessee can context on the same as it is not binding on it. Circular issued post issuance of show cause notice – This could be understood based on an … http://www.jmpcollege.org/Adminpanel/AdminUpload/Studymaterial/TYBMS%20SEM%20V%20D%20TAX%20ATKT%20STUDY%20MATERIAL.pdf
Circulars are not binding on assessee
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Web1 hour ago · Interestingly, “the court categorically held that failure to generate and allocate DIN in this case is not a mistake curable under Section 292B and stated that circular no. 19/2024 is binding on ... WebDec 30, 2024 · The Appellate Tribunal held that the said circular is binding on the departmental officers. Further the Board circulars are binding on the department so …
WebNov 4, 2008 · Although it has been settled that board circulars are not binding on assessees and courts, SC aforesaid observations expanding the “right of appeal” to question board circulars to revenue, on the pretext that otherwise there would be no scope for adjudication by SC/HC, in humble and respectful opinion of the author, suffers from more … WebDepartmental clarifications are also not binding on the assessee. These judicial bodies as well as the assessee can take a view different from that taken in the Board Circular. Since Board Circulars are for the purpose of administration, it cannot be binding on an officer who is exercising quasi-judicial function as is seen from proviso to ...
WebSo if there is circular, and it is giving a benefit to assessee (tax payer) The department has to accept the circular as long as it is not withdrawn. The circulars are also not binding on the courts they can reject a circular if it exceeds the power given by the act. WebFeb 8, 2024 · The Central Board of Direct Taxes (CBDT) issued guidance (Circular No. 3/2024, 3 February 2024) providing that the “most favoured nation” (MFN) clause in India’s tax treaties can be invoked only when certain conditions are met: India subsequently enters into a treaty with a third state
WebApr 16, 2024 · In this context, tax administrators have to bear in mind the well-established dicta that circulars issued by the statutory authorities are binding on them, although, they cannot dictate the manner in which assessment has to be carried out in a particular case.
WebJun 6, 2012 · Further such circulars are not binding on the assessee. It is only the benevolent circulars which are binding on the authorities. Now, would discuss as to how the view expressed by the ld. author, Tarun Jain, is erroneous. ... The ld. Author has relied on the following decisions in support of the preposition that the impugned circular is not ... the pitch wvhttp://www.jmpcollege.org/Adminpanel/AdminUpload/Studymaterial/TYBMS%20SEM%20V%20D%20TAX%20ATKT%20STUDY%20MATERIAL.pdf the pitch wv menuWebOct 16, 2008 · The circulars issued by CBEC are binding on the departmental authorities. They cannot take a contrary stand. The Department cannot repudiate a circular issued by the Board on the basis that it was inconsistent with a statutory provision. The assessee can contest the validity or legality of such circulars or instructions. the pitch zoneWebJan 8, 2012 · Explanatory and interpretive in nature, circulars are mostly issued by a higher level executive in Income Tax department. They often bring to notice relaxations given by the department. A circular is binding only on the officers of … side effects of medication for mental illnessWebSo if there is circular, and it is giving a benefit to assessee (tax payer) The department has to accept the circular as long as it is not withdrawn. The circulars are also not binding on the courts they can reject a circular if it exceeds the power given by the act. the pit cincinnatiWeb5 hours ago · Revenue had not produced even a shred of evidence either to establish that the Chartered Accountant’s certificate was wrong or to establish that the duty was indeed passed on to the buyers. M/s Naveen Associates were not the statutory auditors of the respondent. Respondent asserted that they were their statutory auditors during the … the pit clothingWebMar 13, 2012 · The circulars issued under Section 37B are binding on the Central Excise officers, however, if it is contrary to statute it must be withdrawn. While the circular … side effects of medication rheumate