BAHADURSINGH T. WAGHELA Vs. WEALTH-TAX OFFICER

JUDGEMENT

(1.) By way of these appeals, the appellant-assessee has challenged the order of the Income-tax Appellate Tribunal (hereinafter referred to as "the Tribunal") whereby the Tribunal confirmed the order of the Commissioner (Appeals) and the lottery prize was won in the individual capacity of the assessee and not by the Trust.

(2.) These appeals were admitted by this court for consideration of the following substantial question of law: Tax Appeal No. 88 of 2002:

(3.) The facts of the case are that the assessee is one of the trustees of Neha Trust which is registered on 21.12.1981. The assessee purchased a lottery ticket from the trust fund. The draw of lottery was made on 14.7.1983 which was published on 15.7.1983. It has come on record that the assessee made an application to the Director of Lotteries on 16.7.1983 which is on page No. 43 of the paper book. It is specifically stated that the claim form is to be filled in by only one person and the assessee gave the form filled in his name being the trustee and holder of the ticket. It has come on record that 1983 application was never received which is made after the prize was received by him. The Trust Deed is produced on record. Clause 6 of the Trust Deed on page No. 7 reads as under :