| Citation(s) |
|---|
| 2008 SLG 4049 2008 SLD 4049 (2008) 302 ITR 479 |
Gujarat High Court
TAX APPEAL Nos. 1673 AND 1674 TO 1688 OF 2005 JULY 18, 2006
Y.R. MEENA, ACTG., C.J. AND D. A. MEHTA, J.
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TAX APPEAL Nos. 1673 AND 1674 TO 1688 OF 2005 JULY 18, 2006
Y.R. MEENA, ACTG., C.J. AND D. A. MEHTA, J.
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Commissioner of IncomE tax
v.
Patel Gruh Nirman Flat Yojna
Law:
Section:
Section 194B of the Income-tax Act, 1961 - Deduction of tax at source - Winnings from Lottery or Crossword Puzzles The Tribunal was justified in holding that lucky draw scheme of assessee was not a case of lottery and assessee was not liable to deduct tax on distribution of prizes In view of the decision in the case of CIT v. Jhaveri Industries [2008] 300 ITR 300 (Guj), the Tribunal was justified in holding that the lucky draw scheme of the assessee was not a case of lottery and the assessee was not liable to deduct tax on distribution of prizes. CASE REVIEW CIT v. Jhaveri Industries [2008] 300 ITR 300 (Guj) followed & relied upon. Manish R Bhatt for the Appellant. JUDGMENT Heard learned counsel for the appellant. The following questions of law are proposed for admission of these appeals. "A. Whether, in view of the legal position and facts and circumstances of the case, the Appellate Tribunal was justified in holding that the lucky draw scheme of the assessee was not a case of lottery and the assessee was not liable to deduct tax on distribution…
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