Bhavnesh Saini, Judicial Member. - This appeal by the assessee is directed against the order of the CIT(A), Jammu, headquarters at Amritsar dated 11-12-2001 for the assessment year 1999-2000 on the following grounds :—

"1. That the ld. CIT(A), has erred in law and on facts of the case in rejecting the appeal of the assessee.

2. That the ld. CIT(A) has erred in law and on facts of the case in confirming the addition of Rs. 1,00,00,000.

3. That the provisions of section 28(ii)(a) are not applicable.

4. That the said amount was received as non-compete fee directly from Hindustan Coca Cola and the ld. CIT(A) has erred in rejecting the claim of the assessee that the said amount is not taxable, without there being any material on record.

5. That the assessment was a protective assessment and the ld. Assessing Officer is of the opinion that the same is assessable in the hands of Jammu Bottling Company Private Limited, a Company in which the assessee is a Director, and the matter is before the Hon’ble Tribunal.

6. That the addition of rupees one crore is, therefore, illegal, unjustified and its confirmation by the ld. CIT(A), was therefore not justified. It is prayed that the addition of R