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Issues Involved:
1. Whether the scheme run by the assessee qualifies as a lottery under section 194B of the Income-tax Act. 2. Whether the proceedings initiated under section 201 and section 201(1A) are barred by limitation. 3. Whether the subscribers to the scheme were liable to income-tax, and if the assessee was liable to deduct tax at source. Issue-wise Detailed Analysis: 1. Scheme as a Lottery: The primary issue was whether the scheme run by the assessee was a lottery, which would necessitate tax deduction at source under section 194B. The scheme involved 250 members contributing Rs. 300 monthly for 52 months, with a monthly lucky draw winner receiving a scooter or Rs. 15,100, and non-winners getting their contributions back at the end without interest. The Assessing Officer classified the scheme as a lottery, requiring tax deduction at source. The Tribunal examined the essential characteristics of a lottery, including the element of chance, subscriber contribution, and the intention to win a prize. It concluded that the scheme met all these criteria, as the primary intention of the subscribers was to win the prize, and the refund of contributions did not alter the scheme's lottery nature. Consequently, the Tribunal upheld that the scheme was a lottery, and the assessee was liable to deduct tax at source. 2. Limitation of Proceedings: The assessee contended that the proceedings under section 201 were barred by limitation, arguing that the orders passed in 1995 were unreasonable and delayed, given that the original orders were set aside in 1989. The Tribunal acknowledged that while no specific limitation period was prescribed, proceedings should be concluded within a reasonable time. It noted that the delay in this case was not undue or unreasonable due to the peculiar facts and circumstances, including the need for the Assessing Officer to gather necessary details. The Tribunal found that the six-year period taken was not excessive, especially compared to reassessment proceedings under sections 147/148, which allow up to ten years. Therefore, it held that the proceedings were not barred by limitation. 3. Tax Liability of Subscribers: The third contention was that the subscribers were neither liable to income-tax nor assessable at this stage due to time-barred proceedings. The assessee argued that since the subscribers were not liable to income-tax, there was no obligation to deduct tax at source. The Tribunal dismissed this argument, noting that the assessee had not provided any details proving the subscribers' tax liability status or that they were already assessed to tax. It emphasized that the burden was on the assessee to furnish such details, and the Assessing Officer had no statutory obligation to verify these aspects independently. The Tribunal concluded that the assessee's failure to deduct tax at source made it an "assessee in default," justifying the demand for tax and interest under sections 201 and 201(1A). Conclusion: The Tribunal dismissed both appeals, affirming that the scheme was a lottery, the proceedings were not time-barred, and the assessee was liable to deduct tax at source. The orders of the Assessing Officer demanding tax and interest were upheld.
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