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16631 Points
Posted on 10 December 2010
5 WINNINGS FROM LOTTERY, ETC. – Section 115BB
Where the total income of an assessee includes any income by way of winnings
from any lottery or crossword puzzle or race including horse race or card game and
other game of any sort or from gabling or betting of any form, tax shall be
calculated at the rate of 30% of such income plus surcharge.
The taxability of income in the nature of winnings from any lotteries,
crossword puzzles, race, etc. are subject to the following:
(a) No expenditure or allowance can be allowed against such income;
(b) No deduction under Chapter VI-A can be allowed;
(c) No benefit of carry forward and set off of loss/unabsorbed depreciation
allowance is available against such income; and
(d) No basic exemption limit is available.
This provision does not apply to income derived from owning and maintaining
race horses in respect of which normal rates of tax shall apply. Loss derived from this source shall be governed by the provisions of Section 74A.
Loss from owning and maintenance of horses shall be set-off only out of the income form owning and maintenance of horses. This means that loss from the activity of owning and maintaining race horses cannot be set-off against any other income falling under the head “Other Sources”.