Winners Don’t Take It All... Only 70 Per Cent!


Posted: Sunday, Sep 05, 2004 at 0008 hrs IST
Updated: Sunday, Sep 05, 2004 at 0008 hrs IST


Font Size

Print

Feedback

Email

Discuss

: Shopping plazas and supermarkets are attracting customers by enticing them with gifts and prizes. You may turn out to be a lucky winner and so will the tax department. The reason is that any winning, whether in cash, kind or in the form of any article or even immovable property, is treated as income if it happens to be a winning from a game of any sort. Such winnings from games would include winnings from any game show, an entertainment programme on television or electronic mode in which people compete to win prizes, or any other similar game.

Winnings from lotteries are also covered, which include prizes awarded to any person by draw of lots or by chance or in any other manner whatsoever under any scheme or arrangement by whatever name called. Winnings from crossword puzzles and races including horse races or from gambling or betting of any form or nature whatsoever are also included in the definition of income so as to make you pay tax thereon.

Even if your income is only from this source, being a student or housewife, the entire amount of winning from the aforesaid source is fully taxable at a flat rate of 30 per cent. In other words, there is no initial exemption or lower rates of taxes applicable on the basis of slabs of income as in the case of other sources of income. When you win a prize, lottery, asset, etc. as a windfall, such amount, though a capital receipt, is deemed to be income under Section 2(24) by a fiction of law and the full amount is liable to tax at the maximum marginal rate under Section 115-BB. In other words, you keep 70 per cent of the value of such prize and the Government gets 30 per cent thereof. This is one case where it is “win-win” for both the tax-payer and the tax department!

An interesting case on this issue has been decided by the Allahabad High Court in WG CDR KPK Ghose vs CIT (268 ITR 260). The facts in this case were that the assessee participated in the contest of Bombay Dyeing and Manufacturing Co Ltd, Mumbai, for caption writing by completing a sentence praising Bombay Dyeing fabrics in a few words and was adjudged for a prize and, accordingly, he won Rs 30,000. The receipt of this amount was treated to be income by the Assessing...

More from

Single Page Format 1 - 2 - 3 - Next
Discuss this story on expressindia forums

Post Comments

Comments: (Limit 3,000 characters)
Name
Message
Email ID
Subject
TERMS OF USE:
The views, opinions and comments posted are your, and are not endorsed by this website. You shall be solely responsible for the comment posted here. The website reserves the right to delete, reject, or otherwise remove any views, opinions and comments posted or part thereof. You shall ensure that the comment is not inflammatory, abusive, derogatory, defamatory &/or obscene, or contain pornographic matter and/or does not constitute hate mail, or violate privacy of any person (s) or breach confidentiality or otherwise is illegal, immoral or contrary to public policy. Nor should it contain anything infringing copyright &/or intellectual property rights of any person(s).
I agree to the terms of use.

Comments
Flowers & Cakes DeliveryExpress Classifieds
Post and view free classifieds ad
Express Astrology
Know what's in the stars for you