Exemption notification prevails over trade notice; assessee retained benefit as Revenue failed to displace the lower authority's reasoning.

A trade notice cannot override a Board-issued exemption notification, and the benefit of Notification No. 184/86 dated 1-3-1986 could not be denied merely because the Revenue relied on Circular No. 63/95 dated 16-3-1995 and Trade Notice No. 52/92 dated 8-7-1992. The lower appellate authority's view was sustained because the Revenue failed to show any legal infirmity in that reasoning or to establish that the notification was no longer in force. The assessee was therefore entitled to the exemption benefit, and the Revenue's challenge failed.

---

---

Issues: Whether the assessee was entitled to the benefit of Notification No. 184/86 dated 1-3-1986 despite reliance by the Revenue on Circular No. 63/95 dated 16-3-1995 and Trade Notice No. 52/92 dated 8-7-1992.

Analysis: The authorities below had granted relief to the assessee on the basis that the benefit available under Notification No. 184/86 dated 1-3-1986 could not be denied merely because Circular No. 63/95 dated 16-3-1995 was relied upon by the Revenue. It was found that a trade notice cannot prevail over a notification issued by the Board, and the Revenue did not establish any legal infirmity in the reasoning of the lower appellate authority or show that the notification relied upon was no longer in force.

Conclusion: The assessee was entitled to the benefit under Notification No. 184/86 dated 1-3-1986, and the Revenue's challenge failed.

---