2011 (5) TMI 639 - HC - Income Tax

Taxability 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.

Issues Involved:
1. Taxability of prize money from a TV game show.
2. Application of Section 115BB and Explanation (ii) to Section 2(24)(ix) of the Income-tax Act, 1961.
3. Refund of advance tax paid under threat and coercion.
4. Jurisdiction and propriety of the Assessing Officer's actions.

Issue-wise Detailed Analysis:

1. Taxability of Prize Money from a TV Game Show:
The petitioner received a prize of Rs. 25 lakhs from a TV game show, which the Assessing Officer taxed under Section 115BB of the Income-tax Act. The petitioner contested this, arguing that the amendment to Section 2(24)(ix) introducing Explanation (ii) came into effect from April 1, 2002, and should not apply retrospectively to her prize received on November 5, 2000. The Tribunal agreed with the petitioner, holding that the prize money could not be taxed for the assessment year 2001-02 as the amendment had prospective operation.

2. Application of Section 115BB and Explanation (ii) to Section 2(24)(ix) of the Income-tax Act, 1961:
The Commissioner of Income-tax (Appeals) initially held that the prize money was taxable under "Income from other sources" and directed the Assessing Officer to reassess the quantum of income. The Tribunal, however, overturned this, stating that the prize money received before April 1, 2002, could not be taxed under Section 115BB due to the prospective nature of the amendment. This decision was not challenged further by the Revenue, thus attaining finality.

3. Refund of Advance Tax Paid Under Threat and Coercion:
The petitioner paid Rs. 7,55,550 as advance tax under threat of prosecution and penalties from the Assessing Officer. The Tribunal's order, which became final, implied that the prize money was not taxable, entitling the petitioner to a refund of the advance tax. Despite this, the Assessing Officer only refunded Rs. 2,12,763, which the petitioner argued was incorrect and sought a full refund with interest.

4. Jurisdiction and Propriety of the Assessing Officer's Actions:
The Assessing Officer, while giving effect to the Tribunal's order, included part of the prize money in the revised total income of Rs. 16,21,630, contrary to the Tribunal's decision. The court held that the Assessing Officer exceeded his jurisdiction and showed disregard for the Tribunal's binding order. The court emphasized that Revenue officers must adhere to the decisions of higher appellate authorities to avoid undue harassment to assessees and maintain judicial discipline.

Conclusion:
The court quashed the Assessing Officer's order determining the income at Rs. 16,21,630 and directed a refund of the entire advance tax of Rs. 7,55,550 along with interest as provided under the Act. The court also criticized the Revenue authorities for their coercive tactics and stressed the need for fair and legal conduct in tax administration. The writ petition was allowed, and no costs were ordered.

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