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TMI Blog2004 (9) TMI 314X X X X Extracts X X X X X X X X Extracts X X X X ..... which a person was eligible to get one free coupon on deposit of Rs. 5,000 and three coupons on deposit of Rs. 10,000. The assessee had invested Rs. 20,000 in Kisan Vikas Patra and as per the scheme received the lucky coupons. As per the draw of lots, the assessee was awarded 3rd prize of a Maruti car in respect of lucky coupon No. 0939113 of 16th draw by the Finance Minister. As per the scheme, the Punjab Government had undertaken to pay income-tax on the prize distributed in the lucky coupon scheme. Accordingly, a sum of Rs. 1,63,963 was deposited by the Government of Punjab with the Central Government on account of income-tax in respect of the price of the car which was stated in the TDS certificate at Rs. 2,08,681. The assessee filed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rize had been received by draw of lots, the same does not fall within the ambit of lottery. The learned counsel also referred to the definition of 'lottery' under the Lotteries (Regulation) Act, 1998. It was further contended that an Explanation added to s. 115BB by the Finance Act, 2001, is applicable w.e.f. 1st April, 2002, and is not retrospective. 7. The learned Departmental Representative, on the other hand, relied upon the order of the CIT(A). It was contended that the definition of the 'lottery' under the Lotteries (Regulation) Act, 1998, is relevant only for the purpose of the said Act and that said definition cannot be imported to determine the nature of the scheme formulated by the State of Punjab, Department of Small Savings. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or recovered from the prize received by the assessee, the assessee cannot be said to be aggrieved by the order of the AO in assessing the tax of Rs. 1,63,963 paid by the Punjab Government. 9. Taking the totality of the facts and circumstances of the case into consideration, we are of the view that as the issue regarding taxability of the prize, is concerned, the same is purely of academic interest insofar as the liability of tax in respect of the prize distributed under the lucky coupon scheme was undertaken to be paid by the Government of Punjab. As per the stand of the Government of Punjab, the prize money is liable to tax and they have discharged the liability accordingly. The assessee does not have any right to claim any refund in res ..... X X X X Extracts X X X X X X X X Extracts X X X X
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