LOPAMUDRA MISRA Vs. ASST COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THE present appeal has been filed by the appellant seeking to challenge the order dated 5.8.2004 passed by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack in I.T.A. No. 341 (CTK) of 2003 along with I.T.A. No. 359 and 472 (CTK) of 2003 and CO. No. 37 (CTK) of 2003 pertaining to the assessment year 2001 -2002.

(2.) SHORN of unnecessary details, the fact in this case in brief is that the Star Plus TV channel started a programme known as 'Koun Banega Crorepati' in which the appellant participated in the programme which was recorded on 29.9.2000 and telecasted by the television channel on 30th September 2000. Since the appellant answered the questions correctly, she was awarded a sum of Rs. 25 lakhs. This payment was made to the appellant by a post dated cheque dated 5.11.2000. The appellant was served with a notice dated 16.1.2001 by the Assistant Commissioner Income Tax, Cuttack -Respondent No. 1 whereby, she was called upon to pay income tax of Rs. 11 lakhs and subsequently, was reduced to Rs. 10.39 lakhs.

(3.) IT appears that the appellant being aggrieved by the order of assessment, filed an appeal under Section 246 of the I.T. Act before the Commissioner of Income Tax (Appeals), Cuttack (Respondent No. 2) and the said appeal, i.e. I.T. Appeal No. 0262/2002 -03 was filed, inter alia, on the ground that the assessing officer was not justified in applying the provisions of Section 115BB of the Act and that the effect of amendment to Section 2(24)(ix) where an explanation was added, vide Explanation -ii by the Finance Act, 2001, came into effect only on 1.4.2002 for the first time, bringing the receipts from T.V. shows within the definition -of income. It is further contended that the appellant having receipt the payment on 5.11.2000, the provision of Section 115BB and the Explanation -ii of Section 2(24)(ix) came into effect only by way of promulgation of the Finance Act, 2001 w.e.f. 1.4.2002 and consequently, did not have retrospective effect.