Court held that  circulars and instructions issued by the Board are, no doubt, binding in law on the authorities, they are not binding upon the courts. The explanatory circular made it clear that the scheme of assessment under S.  144C will apply in relation to the assessment year 2010-11 and subsequent assessment years only. However a circular issued in 2013 stated that section 144C is applicable to any order which proposes to make variation in income or loss returned by an eligible assessee, on or after October 1, 2009 irrespective of the assessment year to which it pertains. The right that has enured to the parties in 2009 cannot be modified by a clarification issued by the Board, three years thereafter. This circular will not bind the Assessing Officer, particularly when it does not lay down the correct position of law.( AY.2007-08)