1984 (7) TMI 224

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....ual. She had purchased a ticket of the U. P. State Lottery carrying the first prize of Rs. 3 lakhs. Her ticket won the first prize. After deducting 11 per cent of the prize towards agent's commission and souvenir expenses, the U. P. Government gave her a sum of Rs. 2,67,000. The payment was made after further deducting the income-tax deductible at source amounting to Rs. 92,115. Since the assessee....

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.... to a sum of Rs. 5,000 as increased by a sum equal to 50 per cent of the amount by which the winnings exceeded Rs. 5,000. Clearly, the winning were only the sum of Rs. 3 lakhs. The agent's commission was an outgoing from the income by wary of winnings and was not a diversion by overriding title so as to cease to be the income of the assessee. Nor is there anything in the definition of 'income' in ....