Hindustan Aeronautics Ltd. v. CIT

243 ITR 808Supreme Court of India2000#4757 most cited

What is Hindustan Aeronautics Ltd. v. CIT authority for?

When an order under section 143(3) is passed, a prior order under section 143(1) ceases to be operative and merges with the final order, unless the legislature expressly provides otherwise.

25

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2019 to 2025.

Also referred to as

Hindustan Aeronautics Ltd. v. CIT · section 143(1) · section 143(3) · merger of orders · operative order

Also reported as

110 Taxmann 311

Sections most often in play

Section 250 Section 12A Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 154(1)(b)Section 246A(1)(a)

Issues it is cited on

section 14a(3)section 36(i)(iii)section 36(i)(va)section 36(l)(va)section 246a(1)(a)section 36(l)(iii)section 36(l)r&d expenditure statutory dues section 12a(2)section 270a(9)mat credit

Judgments citing Hindustan Aeronautics Ltd. v. CIT

M/S. BATA INDIA LTD., ,KOLKATA vs. DDIT, CPC, , BENGALURU

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1073/KOL/2025[2020-2021]Status: DisposedITAT Kolkata25 Jul 2025AY 2020-2021

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 115Section 115PSection 143Section 143(1)Section 143(3)Section 144BSection 144C(3)Section 250

…der which was effective and operative was the one passed under section 143(3). The order passed under section 143(1)(a) ceased to be operative and merged in the final order. [Para 12] {emphasis supplied} In the case of Hindustan Aeronautics Ltd. v. CIT [2000] 243 ITR 808 / 110 Taxman 311, the Apex Court opined that where the Legislature intended to make a distinction as to where there will be no merger, the Legislature has made express provision therefor. There is no provision in section 143 that notwithstanding an order having been passed under section 143(3), an order passed under section 143(1) shall continue…

INFOSOFT GLOBAL P LTD.,KOLKATA vs. DCIT, CIR. 1(1), KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 501/KOL/2024[2020-21]Status: DisposedITAT Kolkata21 Mar 2025AY 2020-21

Bench: Shri George Mathan & Shri Rakesh Mishra

Section 143(1)Section 143(3)Section 250

…der which was effective and operative was the one passed under section 143(3). The order passed under section 143(1)(a) ceased to be operative and merged in the final order. [Para 12] {emphasis supplied} In the case of Hindustan Aeronautics Ltd. v. CIT [2000] 243 ITR 808 / 110 Taxman 311, the Apex Court opined that where the Legislature intended to make a distinction as to where there will be no merger, the Legislature has made express provision therefor. There is no provision in section 143 that notwithstanding an order having been passed under section 143(3), an order passed under section 143(1) shall continue…

DY. COMMISSIONER OF INCOME TAX, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, FOCAL POINT

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 84/CHANDI/2024[2020-21]Status: DisposedITAT Chandigarh25 Nov 2024AY 2020-21

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 177/CHANDI/2024[2013-14]Status: DisposedITAT Chandigarh25 Nov 2024AY 2013-14

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, - vs. ROCKMAN INDUSTRIES LTD, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 818/CHANDI/2023[2015-16]Status: DisposedITAT Chandigarh25 Nov 2024AY 2015-16

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, , AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 817/CHANDI/2023[2014-15]Status: DisposedITAT Chandigarh25 Nov 2024AY 2014-15

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, LUDHIANA, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 796/CHANDI/2023[2018-19]Status: DisposedITAT Chandigarh25 Nov 2024AY 2018-19

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 795/CHANDI/2023[2017-18]Status: DisposedITAT Chandigarh25 Nov 2024AY 2017-18

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DY. COMMISSIONER OF INCOME TAX, CIRCLE-4,, AAYAKAR BHAWAN vs. ROCKMAN INDUSTRIES LIMITED, -

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 794/CHANDI/2023[2016-17]Status: DisposedITAT Chandigarh25 Nov 2024AY 2016-17

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

DCIT CIRCLE-4, LUDHIANA, LUDHIANA vs. ROCKMAN INDUSTRIES LTD, LUDHIANA

In the result order of CIT(A) is sustained as passed and the appeal of the Revenue is partly allowed for statistical purposes

ITA 748/CHANDI/2023[2010-11]Status: DisposedITAT Chandigarh25 Nov 2024AY 2010-11

Bench: SHRI. VIKRAM SINGH YADAV (Accountant Member), SHRI. PARESH M. JOSHI (Judicial Member)

Section 142(1)Section 143(2)Section 143(3)Section 246ASection 250(6)Section 253Section 263

…by inserting a non obstante clause and explanation will take effect from 1/4 / 22 AY 2022-23. Even if there is a Circular, once the law is disclosed by the High 14. Court/Supreme Court, the same is to be followed. Refer M / s Hindustan Aeronautics Ltd v CIT, 110 Taxmann 311 (SC). The Hon'ble Supreme Court in the case o f M / s Chettinad Logistics P Ltd, 15. [2018] 95 Taxmann.com 250 (SC) dismissed SLP against High Court ruling that Section 14A cannot be invoked where no exempt income was earned by the assessee in relevant assessment year. 16. Since no exempt income has been earned during the year, the provision…

TRISIGMA APEX SERVICES LLP,NEW DELHI vs. DCIT CIRCLE 49(1), NEW DELHI

In the result, the Appeal filed by the Assessee stands allowed in the aforesaid manner

ITA 3148/DEL/2024[2021-22]Status: DisposedITAT Delhi20 Nov 2024AY 2021-22

Bench: Shri Shamim Yahya & Shri Vimal Kumara.Yr. : 2021-22 Trisigma Apex Services Llp, Vs. Dcit, Circle 49(1), 01-0103, C-Block, Community New Delhi Centre, Imperial Tower, Civic Centre, Naraina Industrial Estate, New Delhi South West, New Delhi – 28 (Pan: Aahft4549G) (Appellant) (Respondent)

For Appellant: Sh. Atul Ninawat, CAFor Respondent: Shri Amit Katoch, Sr. DR

Section 234Section 234ASection 234iSection 250

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “H”, NEW DELHI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER, AND SHRI VIMAL KUMAR, JUDICIAL MEMBER A.YR. : 2021-22 TRISIGMA APEX SERVICES LLP, VS. DCIT, CIRCLE 49(1), 01-0103, C-BLOCK, COMMUNITY NEW DELHI CENTRE, IMPERIAL TOWER, CIVIC CENTRE, NARAINA INDUSTRIAL ESTATE, NEW DELHI SOUTH WEST, NEW DELHI – 28 (PAN: AAHFT4549G) (APPELLANT) (RESPONDENT) Appellant by : Sh. Atul Ninawat, CA Respondent by : Shri Amit Katoch, Sr. DR. Date of hearing : 12.11.2024 Date of pronouncement : 20.11.2024 ORDER PER SHAMIM YAHYA, AM : The Assessee has filed the instant Appeal ag…

MSTC LTD,KOLKATA vs. JURISDICTIONAL ASSESSING OFFICER, CIR-1(1), KOLKATA. , KOLKATA

In the result, the appeal of the assessee is dismissed

ITA 623/KOL/2024[2021-22]Status: DisposedITAT Kolkata01 Oct 2024AY 2021-22

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2021-22

For Appellant: Shri Prasun Bhattacharya, ARFor Respondent: Shri Manjeet Singh, CIT, DR

Section 143(1)Section 143(3)Section 144BSection 154Section 250

…der which was effective and operative was the one passed under section 143(3). The order passed under section 143(1)(a) ceased to be operative and merged in the final order. [Para 12] {emphasis supplied} In the case of Hindustan Aeronautics Ltd. v. CIT [2000] 243 ITR 808 / 110 Taxman 311, the Apex Court opined that where the Legislature intended to make a distinction as to where there will be no merger, the Legislature has made ex- press provision therefor. There is no provision in section 143 that notwithstanding an order having been passed under section 143(3), an order passed under section 143(1) shall continu…

STERIA (INDIA) LTD.,NOIDA vs. ADDL. CIT, SPL. RANGE- 8 , NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 5745/DEL/2018[2014-15]Status: DisposedITAT Delhi28 Sept 2020AY 2014-15

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I–2”: NEW DELHI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 3992/Del/2017 & SA number 250 – 252/Del/2020 [Assessment Years: 2012-13, 2013-14 & 2014-15] M/s. Steria (India) Limited, Addl. CIT, Building No. 4, Sea View SEZ, Vs. Special Range : 8, Plot No. 21–21, Sector : 135, New Delhi. Gautam Budh Nagar, Noida – 201304 PAN : AAACX0385L (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Adv. Shri Neeraj Jain, Adv. Sh. Akshay Uppal, C.A. Ms. Shailey Gupta, C.A. Department by: Sh. Anupam Kant Garg, CIT DR Date…

M/S STERIA NDIA LTD.,,NOIDA vs. ADDL CIT, NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 741/DEL/2017[2012-13]Status: DisposedITAT Delhi28 Sept 2020AY 2012-13

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I–2”: NEW DELHI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 3992/Del/2017 & SA number 250 – 252/Del/2020 [Assessment Years: 2012-13, 2013-14 & 2014-15] M/s. Steria (India) Limited, Addl. CIT, Building No. 4, Sea View SEZ, Vs. Special Range : 8, Plot No. 21–21, Sector : 135, New Delhi. Gautam Budh Nagar, Noida – 201304 PAN : AAACX0385L (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Adv. Shri Neeraj Jain, Adv. Sh. Akshay Uppal, C.A. Ms. Shailey Gupta, C.A. Department by: Sh. Anupam Kant Garg, CIT DR Date…

STERIA INDIA LTD.,NOIDA vs. ADDL.CIT, SPECIAQL RANGE-8, NEW DELHI

In the result ITA number 5745/del/2018 for assessment year 2014 – 15

ITA 3992/DEL/2017[2013-14]Status: DisposedITAT Delhi28 Sept 2020AY 2013-14

Bench: Shri Kuldip Singh & Shri Prashant Maharishi

For Appellant: Shri Ajay Vohra, Sr. AdvFor Respondent: Sh. Anupam Kant Garg, CIT DR

Section 143Section 143(3)Section 144CSection 92C

…INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I–2”: NEW DELHI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER & SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER ITA No. 3992/Del/2017 & SA number 250 – 252/Del/2020 [Assessment Years: 2012-13, 2013-14 & 2014-15] M/s. Steria (India) Limited, Addl. CIT, Building No. 4, Sea View SEZ, Vs. Special Range : 8, Plot No. 21–21, Sector : 135, New Delhi. Gautam Budh Nagar, Noida – 201304 PAN : AAACX0385L (Appellant) (Respondent) Assessee by : Shri Ajay Vohra, Sr. Adv. Shri Neeraj Jain, Adv. Sh. Akshay Uppal, C.A. Ms. Shailey Gupta, C.A. Department by: Sh. Anupam Kant Garg, CIT DR Date…

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 278/GTY/2018[2015-16]Status: DisposedITAT Guwahati13 Sept 2019AY 2015-16

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR

…80HHC. 17. We note that Circular issued by CBDT cannot restrict a statutory interpretation. The interpretation as enunciated by Tribunals and Courts cannot be overwritten by a Circular. The Hon`ble Apex Court in case of Hindustan Aeronautics Ltd V CIT (2000) 243 ITR 808(SC) has held that Circulars or Instructions given by the Board are no doubt binding in law on the authorities under the Act, but when the Supreme Court or the high Court has declared the law on the question arising consideration, it will not be open to a court to direct that a circular should be given effect to and not the view expressed in a dec…

DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI vs. NUMALIGARH REFINERY LIMITED, GUWAHATI

In the result, appeals of the assessee in I

ITA 28/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR

…80HHC. 17. We note that Circular issued by CBDT cannot restrict a statutory interpretation. The interpretation as enunciated by Tribunals and Courts cannot be overwritten by a Circular. The Hon`ble Apex Court in case of Hindustan Aeronautics Ltd V CIT (2000) 243 ITR 808(SC) has held that Circulars or Instructions given by the Board are no doubt binding in law on the authorities under the Act, but when the Supreme Court or the high Court has declared the law on the question arising consideration, it will not be open to a court to direct that a circular should be given effect to and not the view expressed in a dec…

NUMALIGARH REFINERY LIMITED,GUWAHATI vs. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE - 03, GUWAHATI

In the result, appeals of the assessee in I

ITA 27/GTY/2017[2013-14]Status: DisposedITAT Guwahati13 Sept 2019AY 2013-14

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR

…80HHC. 17. We note that Circular issued by CBDT cannot restrict a statutory interpretation. The interpretation as enunciated by Tribunals and Courts cannot be overwritten by a Circular. The Hon`ble Apex Court in case of Hindustan Aeronautics Ltd V CIT (2000) 243 ITR 808(SC) has held that Circulars or Instructions given by the Board are no doubt binding in law on the authorities under the Act, but when the Supreme Court or the high Court has declared the law on the question arising consideration, it will not be open to a court to direct that a circular should be given effect to and not the view expressed in a dec…

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 98/GTY/2016[2012-13]Status: DisposedITAT Guwahati13 Sept 2019AY 2012-13

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR

…80HHC. 17. We note that Circular issued by CBDT cannot restrict a statutory interpretation. The interpretation as enunciated by Tribunals and Courts cannot be overwritten by a Circular. The Hon`ble Apex Court in case of Hindustan Aeronautics Ltd V CIT (2000) 243 ITR 808(SC) has held that Circulars or Instructions given by the Board are no doubt binding in law on the authorities under the Act, but when the Supreme Court or the high Court has declared the law on the question arising consideration, it will not be open to a court to direct that a circular should be given effect to and not the view expressed in a dec…

THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-3, GUWAHATI vs. M/S. NUMALIGARH REFINERY LTD., GUWAHATI

In the result, appeals of the assessee in I

ITA 97/GTY/2016[2011-12]Status: DisposedITAT Guwahati13 Sept 2019AY 2011-12

Bench: Shri S.S. Godara, Jm & Dr. A.L. Saini, Am Assessee`S Appeals

For Appellant: Shri Jayanta Dutta, ARFor Respondent: Shri Sanjay Sarma, DR

…80HHC. 17. We note that Circular issued by CBDT cannot restrict a statutory interpretation. The interpretation as enunciated by Tribunals and Courts cannot be overwritten by a Circular. The Hon`ble Apex Court in case of Hindustan Aeronautics Ltd V CIT (2000) 243 ITR 808(SC) has held that Circulars or Instructions given by the Board are no doubt binding in law on the authorities under the Act, but when the Supreme Court or the high Court has declared the law on the question arising consideration, it will not be open to a court to direct that a circular should be given effect to and not the view expressed in a dec…

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Hindustan Aeronautics Ltd. v. CIT (243 ITR 808) — Cited in 25 Judgments | BharatTax