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2005 (11) TMI 29 - DELHI HIGH COURTIn the course of the assessment, the assessee claimed that the amounts received by it from M/s. Brooke Bond Lipton India Limited were not exigible to tax. The Assessing Officer declined to accept that contention and declared the receipt exigible to tax in the hands of the assessee. Aggrieved, the assessee filed an appeal before the Commissioner of Income-tax and, inter alia, relied upon the instructions issued by the Central Board of Direct Taxes, according to which, receipts of the kind referred to above could be brought to tax only from the assessment year 1998-99 onwards in view of the amendment made in section 55 of the Income-tax Act, 1961. The Commissioner upheld the claim and the contention urged by the assessee. Relying upon the decision of the Supreme Court as also the instructions issued by the Central Board of Direct Taxes, the Commissioner held that the receipts in question were not exigible to tax for the periods they were actually received. - In the light of the authoritative pronouncements of the Supreme Court regarding the binding nature of the instructions issued under section 119 of the Act, as also the fact that the appellate authority, has while allowing the appeal filed by the assessee, placed reliance upon the instructions, we see no substantial question of law arising for our consideration in this appeal
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