- (1.)This is an appeal under Section 260A of the Income-tax Act, 1961 (hereinafter referred to as "the Act") filed by the Commissioner of Income-tax, Kanpur, against the order of the Tribunal dated February 25, 2005, for the assessment year 1993-94.
(2.)The brief facts of the case are that the assessee is a partnership firm and was carrying on lottery business. There was a search and seizure operation on October 17, 1994, the assessee filed a return of income disclosing the income of Rs. 18,17,420. Initially the assessment was made under Section 143(1)(a) and thereafter a fresh assessment order was passed on December 27/30, 1996, on an income of Rs. 1,43,56,729 in addition to income of Rs. 45,737 from winnings from lottery under Section 115BB of the Act.
(3.)The assessee filed appeal before the first appellate authority disputing the quantum of assessment and also the liability of interest under Sections 234B and 234C of the Act. The Commissioner of Income-tax (Appeals) dismissed the appeal. Against the said order, the assessee filed appeal before the Tribunal.