COMMISSIONER OF INCOME TAX Vs. SURESH KUMAR GOYAL

JUDGEMENT

(1.) THESE seven connected appeals involve the common issue, therefore, we heard and disposed of all these appeals by this common order.

(2.) THESE appeals are admitted on the questions of law, which read as under: For asst. yr. 1988 -89 in ITA No. 113 of 2002

(3.) THE case of Suresh Kumar is that he along with his two brothers namely, Bal Kishan and Satish Kumar purchased the lottery ticket and the lottery draw was open in the names of these three brothers. In the return filed, they have disclosed 1/3rd share of Rs. 88.80 lakhs in the hands of each brother in the asst. yr. 1989 -90. The AO has taxed the entire amount of lottery in the hands of Suresh Kumar in the substantive basis in the year 1988 -89 and two third of that amount has been taxed on protective basis in the hands' of Satish Kumar and Bal Kishan.