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TMI Blog1991 (8) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... r 1972-73. In the said order of assessment, the assessee was shown as an individual and, besides dealing in purchase and sale of Mainpuri tobacco, the assessee also used to earn commission income on sale of lottery tickets. Admittedly, no account has been maintained by the assessee. For the year in dispute, the accounting period ended on March 31, 1972. On the lottery tickets sold by the assessee, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ney as taxable income and not a casual income? 2. Whether, on the facts and in the circumstances of the case, the Appellate Tribunal was justified in treating the income for the assessment year 1972-73 ? " We have heard Shri Vikram Gulati, learned counsel for the assessee. His submission is that although the commission on sale of lottery tickets may be taxable, yet, it could not be contemplate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... said case is, however, clearly distinguishable inasmuch as, in the said case, the assessee who carried on the business of manufacturing and selling beedies attended horse races regularly every year and indulged in betting and entering in the races of horses, some of which were his own and some of which he owned in partnership with others. In that case, no other income was earned besides the incom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the assessee was adopting 'cash system' and not 'mercantile'. The said bonus was received by the assessee after April 1, 1971, which clearly shows that the money was received in the assessment year in question. Therefore, our answer to question No. 2 is also in the affirmative by holding that the Tribunal was justified in treating the bonus income as assessable for the assessment year 1972-73. B ..... X X X X Extracts X X X X X X X X Extracts X X X X
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