Pre-deposit waiver and exemption change: Supreme Court law prevails over circulars, with interim relief granted pending appeal.

The Supreme Court's declaration of law prevails over Board circulars under Article 141, and a withdrawn circular cannot continue to support an exemption claim. A later amendment by Notification No. 4/2010-CE changed the exemption position under Notification No. 8/2003-CE only from its effective date, not retrospectively. On that basis, the Tribunal considered the appellant's claim of bona fide belief and granted interim relief by waiving pre-deposit until 31 January 2014 or disposal of the appeal, whichever was earlier.

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Issues: Whether pre-deposit should be waived pending disposal of the appeal in view of the appellant's claim of bona fide belief arising from the earlier circular and the subsequent legislative change.

Analysis: The order notes that the law declared by the Supreme Court prevails over Board circulars under Article 141 of the Constitution of India. It also records that the earlier circular withdrawn by the Board could not continue to support exemption, while the amendment brought by Notification No. 4/2010-CE dated 27/02/10 altered the exemption position under Notification No. 8/2003-CE dated 01/03/03 only from that date. In those circumstances, the Tribunal found sufficient difficulty to justify interim relief.

Conclusion: Pre-deposit was waived till 31 January 2014 or until disposal of the appeal, whichever was earlier.

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