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TMI Blog1984 (8) TMI 166X X X X Extracts X X X X X X X X Extracts X X X X ..... he status of "AOP". While doing so, he rejected the contention of the assessee that the persons concerned should be assessed individually in respect of their respective winnings. 2. However, on appeal, the AAC accepted the claim of the assessee and held that the ITO was not justified in completing the assessment in the status of an "AOP". While doing so, he observed as under: "There is no disp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eated as "Association of Persons". The reason according to the Hon'ble Tribunal is that absolutely no activity of any kind is also involved in getting the prize amount which depends wholly on the stroke of luck. There is no need for any common management except by sheer luck. The mere fact that by a stroke of fortune that one of the tickets secured the prize would not mean that the two persons ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TA No. 1008/Mds/1978-79 and the same was decided against the Department. According to this decision of the Tribunal, the mere fact that two or more persons purchased a lottery ticket, which, by stock of luck, won the prize could not lead to the conclusion that the persons concerned associated together for carrying on a commercial activity to produce income. So, in such a situation, the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X
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