D.R. Singh, J.M. - (1.) THE revenue is in appeal against the order of the Commissioner (Appeals), Jalandhar, in appeal No. 1093/1991-92/Commissioner (Appeals)/Jal, dated 29-3-1993, on the following effective grounds "1. That, on the facts and in the circumstances of the case, the learned Commissioner (Appeals) has erred in deleting the interest charged under section 234B of Income Tax Act. 1a. That, while allowing relief at '1' above, learned Commissioner (Appeals) has ignored the fact that when the lottery prize is paid in kind, no tax is deductible at source. 1b. That while allowing relief at '1', above the learned Commissioner (Appeals) has ignored the fact that charging of the interest under section 234B is mandatory."
(2.) We have heard the learned Departmental Representative for the revenue. None appeared on behalf of the respondent-assessee. Hence we proceed to decide the appeal ex parte under rule 24 of the IT (Appellate Tribunal), Rules,' 1963. Stated briefly, the relevant and material facts I for the disposal of these grounds of appeal are stated as under.
(3.) AT the time of framing the assessment, interest under section 234B of the Act was charged to the extent of Rs. 17,610. An application under section 154 of the Act was moved requesting the assessing officer to delete this interest contending that there was no liability to pay advance tax on the winning of a Maruti car in the draw held on 21-2-1990. It was pointed out that prize was received on 7-6-1990, and hence there was no liability to pay advance tax during the accounting period ending on 31-3-1990. The assessing officer rejected this application observing that receipt of lottery prize has been shown in the financial year relevant to the assessment year 1990-91 and, hence interest under section 234B had correctly been charged.;