Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2011 (5) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2011 (5) TMI 639 - HC - Income TaxTaxability of winnings from TV Game show prior to 01.04.2002 - Revenue contended it to be taxable u/s 115BB or alternatively under "income from other source" - assessee was in receipt of award in TV Game show on 05.11.2000 - coercive steps taken by Department for recovery of tax - Held that:- Award received from TV game show by the assessee on November 5, 2000, cannot be said to be her income for the AY 2001-02 as the amendment to section 2(24)(ix) has come into operation from April 1, 2002. Further, Assessing Officer was not justified in traveling beyond the order of the Tribunal and assess the receipt of award as income from other sources which has been held by the Tribunal not to be assessed as such in its order.Therefore, assessee is entitled to get refund of the entire advance tax along with interest. With respect to Department scaring assessee of initiation of prosecution and imposition of penalty, it is held that Law is well settled that every action of the State and its instrumentality should be fair, legitimate and above board and without any affection or aversion - Decided in favor of Assessee.
|