Assessee is engaged in activity of conducting horse racing and on and off course betting. Assessee received amounts from innumerable customers who were public at large by way of betting in respect of each racing event and immediately on completion of each race, assessee was required to make payment on winning tickets-Public placed bets either at totalizator or with registered bookmakers.  Assessee only accounted for commission income received from totalizators and bookmakers on ground that winning payments to public and betting tax payable to State government had an overriding title on gross receipts of assessee and would not form part of assessee’s income.  Assessing Officer reopened  on ground that assessee should have declared entire amount received at betting counter as its income and disbursement of prize money/dividend as its expenditure and made additions in income of assessee. Held that in assessee’s own case for assessment year 2010-11, Tribunal held that race clubs formulate their own betting rules regarding betting, totalization, dividend and since assessee had filed a copy of its betting rules which was not considered by Assessing Officer, matter was to be remanded for reconsideration.  (AY. 2009-10, 2013-14)