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TMI Blog2024 (4) TMI 274X X X X Extracts X X X X X X X X Extracts X X X X ..... : A.S.G.I.,Gaurav Mahajan,Parv Agarwal ORDER 1. Heard Sri Kishore Kunal along with Sri Nikhil Pandey, learned counsel for the petitioner, Sri Parv Agarwal, learned counsel for respondent nos. 1 and 5 and Sri Gaurav Mahajan, learned counsel for the respondent no. 3. 2. Challenge has been raised to the orders dated 31.10.2023 and 30.01.2024 to the extent the assessing authority has refused to rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the amount of penalty and interest thereby refusing to give effect to the binding Circular No. 26/2017 issued by the CBIC dated 29.12.2017, is unsustainable. 4. The matter has been opposed on merits of the entitlement. Yet, it is not disputed to the revenue that the assessment order dated 31.10.2023 may not survive contrary to the law declared by this Court. It is also admitted to the revenue, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cation being filed. Primarily, the decision of the Court being law declared and the Circular being the binding direction to apply the law, an order passed contrary to such law or direction to apply the law would remain an order that may have experienced an error apparent on the face of record. To that extent, we find the approach of the assessing authority to be erroneous. 7. In such facts and fa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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