The CBDT has no jurisdiction to issue a Circular to amend the legislative provisions- SC

   

CIT vs. S. V. Gopala Rao (Supreme Court) -13 July 2017                          

The Central Board of Direct Taxes (CBDT) issued a Circular under Section 119 of the Income Tax Act,1961. In fact, it amended the provisions contained in Rule 68B of the IInd Schedule to the Income Tax Act, 1961, which otherwise have statutory force. Such legislative provisions cannot be amended by CBDT in exercise of its power under Section 119 of the Act. The High Court has, therefore, rightly held the circular ultra virus and quashed the same. We do not find any infirmity in the order of the High Court. The appeal is, accordingly, dismissed. 

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