TMI BlogWhether circulars are binding on Courts including High Court and Supreme Court?X X X X Extracts X X X X X X X X Extracts X X X X ..... view express in teh case of Kalyani Packaging Industry v. Union of India and Anr. sustained We have noticed that para 9 (para 11 in SCC) of Dhiren Chemical case (2004 (6) SCC 722) is being misunderstood. It, therefore, becomes necessary to clarify para 9 (para 11 in SCC) of Dhiren Chemical case (2004 (6) SCC 722). One of us (Variava, J.) was a party to the judgment of Dhiren Chemical case ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The purpose was to see that such cases were not reopened. However, this did not mean that even in cases where the Revenue/Department had already contended that the benefit of an exemption notification was not available, and the matter was sub judice before a court or a tribunal, the court or tribunal would also give effect to circulars of the Board in preference to a decision of the Constitution B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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