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Goods and Services Tax

Circulars cannot alter or prevail over statutory provision

Case Law Details

Case Name
M/s. Precot Meridian Limited Vs Commissioner of Customs (Madras High Court)
Date of Judgement/Order
Only available for paid members
Advertisement M/s. Precot Meridian Limited Vs Commissioner of Customs (Madras High Court) It is held that circulars cannot prevail over the statute. Circulars are issued only to clarify the statutory provision and it cannot alter or prevail over the statutory provision. In that circumstance, it is clear that the explanation of provisions of drawback has nothing to do with the IGST refund. The assessee-company exports cotton. During the relevant period, the assessee exported cotton through seven shipping bills and paid an amount towards IGST. The assessee claimed to have paid such tax before...
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