TMI Blog2014 (10) TMI 532X X X X Extracts X X X X X X X X Extracts X X X X ..... to include prize money like the one in question in the expression 'lottery'. The expression 'lottery' would involve an element of 'chance' whereas when a person is making investment in a scheme like Savings Scheme then there is no element of 'chance' nor he loses any money invested by him - the incentive prize received by the assessee on account of the coupon given to him on the strength of Small Savings Certificate would not fall within the definition of 'lottery' and would, thus, not be included in the expression 'income' – thus, the order of the Tribunal is upheld – Decided against revenue. - ITA No. 249 of 2005 (O&M) - - - Dated:- 4-9-2014 - Ajay Kumar Mittal And Fateh Deep Singh,JJ. For the Appellant : Mr. Gaurav Singh H ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 996 for his deposits in small savings during the period 1.5.1995 to 30.9.1995. Vide his statement dated 23.5.1997, the assessee admitted of having won the prize of 1 kg. of gold and promised that he would file his return of income for the assessment year 1997-98. The assessee did not file his return of income even after service of notice under section 142(1) of the Act. He also did not avail final opportunity to present his case on 8.2.2000. Assessment was framed on 21.3.2000, Annexure 'A' under section 144 of the Act at income of ₹ 5,51,940/- (Rs. 5,01,938/- - value of 1 kg. Gold plus ₹ 50,000/- as professional income from practice in civil courts). Aggrieved by the order, the assessee filed appeal before the Commission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Tilak Raj Kalra's case (supra) dealt with the issue of taxability of prize money of 1 kg. of gold won by the assessee in the small savings scheme. The Division Bench distinguishing the judgment of Apex Court in G.R.Karthikeyan's case (supra) had held as under:- 9. In order to appreciate the contentions of revenue, it would be necessary to first examine the provisions of Section 2(24) (ix) of the Act and the explanation added w.e.f. 1.4.2002, which reads thus: 2. In this Act, unless the context otherwise requires,- (1) to (23) xxx xxx xxx (24) income includes - (i) to (viii) xxx xxx xxx (ix) any winnings from lotteries, crossword puzzles, races including horse races, card games and other games of any sort or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se in that case prize money was won from winning the All India Motor Rally. A random look on the definition would show that All India Highway Motor Rally is ejusdem generis with the expression 'races including horse races' and 'other games of any sort'. Thus, any statutory entry on the basis of the principle of exclusive definition have to be ejusdem generis with the expression already used in the definition clause. 12. Therefore, the reasoning adopted by the Commissioner and the Tribunal deserves to be approved when they hold that the ITA No. 147 of 2004 9 expression 'lottery' would involve an element of 'chance' whereas when a person is making investment in a scheme like Savings Scheme then there is no e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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