1979 (1) TMI 92 - HC - Income Tax

Summary

Issues involved:
The judgment addresses the questions of whether the receipt of prizes from Mysore State Lotteries was casual and non-recurring, and whether the receipt arose from the business of the assessee.

Receipt of Prizes from Mysore State Lotteries:
The case involved the Mysore Sales International Ltd. acting as the sole selling agent of lottery tickets issued by the Department of Lottery of the State of Karnataka. The assessee purchased unsold tickets and claimed the amount as business expenditure. Additionally, the assessee received prizes totaling Rs. 6,69,152 in addition to the commission. The Income Tax Officer initially accepted the claim that the prize amount was exempt from income tax under section 10(3) of the Income-tax Act, 1961. However, the Commissioner initiated proceedings under section 263, deeming the exemption erroneous. The Tribunal upheld the Commissioner's decision, considering the prize amount as income earned in the normal course of business by the assessee. The Tribunal found that the assessee purchased tickets as part of a business agreement with the Department of Lottery to earn commissions, and the prize amount was earned in addition to the agreed commission. The court held that the receipt of Rs. 6,69,152 was income arising from the business activities of the assessee and affirmed the decision of the Commissioner and the Tribunal.

Conclusion:
The High Court of Karnataka affirmed the Tribunal's decision that the receipt of Rs. 6,69,152 from prizes in Mysore State Lotteries was not casual and non-recurring but arose from the business activities of the assessee. The court held that the prize amount was part of the gross income from the business and was not exempt from income tax.