20 lakhs, the appellant herein received Rs.
20 lakhs in the 287th Bumper Draw of the Sikkim State Lottery held on 20.02.1986 at Gangtok organized by the Director, State Lottery, Government of Sikkim, Gangtok.
8,10,000/ and Rs.
80 TT of the IT Act on Rs 20,00,000/ i.e the gross amount of the prize money won in the lottery in accordance with the provisions of the charging Section.
20 lakhs and deducting the agent seller companymission of Rs.
Heard Mr. Sanjay Jhanwar, learned companynsel for the appellant the assessee and Mr. Yashank P. Adhiyaru, learned senior companynsel for the respondent and perused the records.
A Division Bench of the High Court, vide judgment and order dated 10.09.2004, answered the questions raised in affirmative.
2 lakhs out of the same.
He claimed deduction under Sec.
2 lacs being agents sellers companymission and Rs.
1,79,088/ being Income Tax under the Sikkim State Income Tax Rules, 1948.
8,10,912/ each, after deduction of Rs.
The appellant herein filed Income Tax Return for the Assessment Year AY 1986 87 disclosing the income from lottery at Rs.
Aggrieved by the judgment and order dated 10.09.2004, the appellant assessee has preferred this appeal by way of special leave before this companyrt.
40 of 1995 whereby the Division Bench of the High Court answered the questions referred to under Section 256 1 of the Income Tax Act, 1961 in short the I.T. Act in favour of the Revenue and against the appellant assessee.
K. Agrawal, J. The present appeal has been preferred against the final judgment and order dated 10.09.2004 passed by the High Court of Judicature for Rajasthan, Bench at Jaipur in D.B.I.T. Reference No.
Out of Rs.
16,20,912/ through two Demand Drafts for Rs.
