2005 (12) TMI 578

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.... has been filed by the revenue by formulating the following substantial questions of law : "(i) Whether, in the facts and circumstances of the case, the Tribunal was right in holding that the commission of Rs. 3,94,405 earned during the assessment year is not assessable to tax in this assessment year ? and (ii) Whether, in the facts and circumstances of the case, the commission t....

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....finding that the amount was so taxable only during the assessment year 1997-98. On appeal by the revenue, the Tribunal also confirmed the view arrived by the Commissioner (Appeals). 3. Before us, it is contended that the commission approved to the assessee is for the assessment year 1996-97 and on the closure of the accounting year, the assessee would be entitled for such commission. In the sta....