Case: Commissioner of Income Tax and Ors Vs. S.V. Gopala Rao and Ors.

1. 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 Second Schedule to the Income-tax Act, 1961, which otherwise have statutory force.

Reasoning: Such legislative provisions cannot be amended by the Central Board of Direct Taxes in exercise of its power Under Section 119 of the Act. The High Court has, therefore, rightly held the circular ultra vires and quashed the same. We do not find any infirmity in the order of the High Court.