D K NAWLAKHA Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) PURSUANT to direction given by this Court under S. 256(2) of the IT Act, 1961, the Income tax Appellate Tribunal, Delhi Bench 'E', Delhi (in short 'Tribunal'), has referred the following questions for opinion of this Court :

(2.) FACTUAL position in a nutshell is as follows :

(3.) WE find from the various orders, the assessee's claim itself was that the cost of jackpot ticket was Rs. 8,000, otherwise question of what was share of Smt. Promila Nawlakha would not have arisen. As a matter of fact, in the assessment order the AO has noted while computing the income from jackpot winning that cost of jackpot ticket as claimed was Rs. 8,000. Tribunal came to the conclusion that there was no material to show that in fact there was an agreement between the assessee and his sister in law for sharing the jackpot winnings and/or that any contribution was made by her for purchase of the ticket. Conclusions are essentially factual giving rise to no question of law. Accordingly, we decline to answer the question. Reference is, accordingly, disposed of.