Whether circular / Notification issued in contradiction of statutory law is valid ?
Issue Favourable to Tax Payer ?:- yes
Held - It is a settled proposition of law that circular cannot have an overriding effect on a statutory provision. This well settled proposition of.....
Issue Favourable to Tax Payer ?:- yes
Held - We are of the firm opinion that the circular dated 31.03.2020, being a subordinate legislation, is repugnant and conflicting to the parent l.....
Issue Favourable to Tax Payer ?:- yes
Held - Any circular issued under Section 168(1) of the Act is only for the purpose of bringing uniformity in the implementation of the Act. The int.....
Issue Favourable to Tax Payer ?:- yes
Held - The law in this respect is settled to the extent that whenever there is a conflict between the provisions of a statutory Act and that of a n.....
Issue Favourable to Tax Payer ?:- yes
Held - That the Circular cannot override the law. Section 54 of the CGST Act provision as well as the Rule 90(3) does not provide any time limit fo.....
Issue Favourable to Tax Payer ?:- yes
Held - Circulars might mitigate rigours of law by granting administrative relief beyond relevant provisions of the statute, however, Central Govern.....