2009 (4) TMI 11 - SC - Central Excise

By issuing the clarifications/circulars they represent merely their understanding of the statutory provisions. Circulars and instructions issued by the Board are no doubt binding in law on the authorities under the respective statutes, but when the SC/HC declares the law on the question arising for consideration, circular should not be given effect contrary to the view expressed in a decision of this SC/HC - Revenue authorities can challenge the validity of circulars / clarifications.