SET OFF AND CARRY FORWARD

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Rakesh Aggarwal (Querist)

24 February 2008 Q: can loss from businees(non speculative) or H.P can be set off from lottery income??
I have a book of Mr. ajay jain, in which a question contains that:
" LOSSES CAN BE SET OFF AGAINST WINNINGS OF LOTTERIES, HORSE RACES ETC."
AND FURTHER A PRACTICAL QUESTION THAT IS
Q112 Mr X won lottery of Rs. 10000, but incurred a loss of rs. 7000 in non speculative business. on how much income is liable to pay tax?
Ans: 3000 as per answer given in his suggested answers

I am not agreed with this, what ur opinion?

Rakesh Aggarwal

Rakesh Aggarwal (Querist)

24 February 2008 I FEELS THAT:
section 115 of lottery income states that"NO LOSSES CAN BE SET OFF FROM WINNING OF LOTTERY INCOME" FURTHER IN CHAPTER CARRY FORWARD AND SET OFF IT STATES THAT; 1. INCOME FROM HOUSE PROPERTY (INTER HEAD) CAN BE SET OFF AGAINST ANY INCOME

2. LOSS FROM NON SPECULATIVE BUSSINESS CAN BE SET OFF AGAINST ANY INCOME OTHER THAN SALARY I THINKS AUTHORS HAVE INTERPRETED IT DIFFERENTLY AS IN SECTION 115 ITS CARRIED THE WORD "NO LOSS" WHICH IS INTERPRETED

Rakesh Aggarwal

Rakesh Aggarwal (Querist)

24 February 2008 plz help me whether i m right or not

S.Srinivasaraghavan

S.Srinivasaraghavan (Expert)

25 February 2008 Please note that the winnings of lotteries is tken under income from other sources.

In the light of the above please read section 71(1) of the Inciome tax Act. The matter will be clear to you.

You are referring to section 115. Section 115 does not deal with lottery income. It is an omitted section.Is your reference correct?

CA. GOPAL SONIKA

CA. GOPAL SONIKA (Expert)

25 February 2008 Mr rakesh winning from lotteries cannot be set off agst loss from non speculative business.
The tax payable would be Rs.3000 plus cess. (30% on 10000/-)

CA Saurabh Maheshwari

CA Saurabh Maheshwari (Expert)

25 February 2008 ONE OF THE EXCEPTION OF SECTION 70 STATES THAT LOSS FROM ANY INCOME CANNOT BE SET OFF AGAINST INCOME FROM WINNING FROM LOTTERIES ,THEREFOR TAX IS TO BE PAYABLE ON INCOME FROM WINNING FROM LOTTERIES

Rakesh Aggarwal

Rakesh Aggarwal (Querist)

26 February 2008 thanks a lot, so on 10000 he is liable for tax and not on 3000, which is also in my view

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