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    <title>1989 (1) TMI 172 - ITAT DELHI-D</title>
    <link>https://www.taxtmi.com/caselaws?id=64737</link>
    <description>The Tribunal held that the Rs. 30,000 prize won in a photography contest was not taxable as professional income under the Income Tax Act. It determined that the legislative intent was to tax windfalls obtained by chance, such as from gambling, not awards won through skill or effort. Additionally, the Tribunal found that the Commissioner of Income Tax lacked jurisdiction under section 263 to reassess the income, as the doctrine of merger applied to the order of the Income Tax Officer and not the appellate proceedings. Consequently, the appeal of the assessee was allowed, and the prize was not considered taxable income.</description>
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    <pubDate>Tue, 31 Jan 1989 00:00:00 +0530</pubDate>
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      <title>1989 (1) TMI 172 - ITAT DELHI-D</title>
      <link>https://www.taxtmi.com/caselaws?id=64737</link>
      <description>The Tribunal held that the Rs. 30,000 prize won in a photography contest was not taxable as professional income under the Income Tax Act. It determined that the legislative intent was to tax windfalls obtained by chance, such as from gambling, not awards won through skill or effort. Additionally, the Tribunal found that the Commissioner of Income Tax lacked jurisdiction under section 263 to reassess the income, as the doctrine of merger applied to the order of the Income Tax Officer and not the appellate proceedings. Consequently, the appeal of the assessee was allowed, and the prize was not considered taxable income.</description>
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      <pubDate>Tue, 31 Jan 1989 00:00:00 +0530</pubDate>
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