CA FINAL
547 Points
Joined September 2009
WHY THIS ISSUE IS GETTING TO BE A BURMING ISSUE ?
agree with the part that Lottory income is taxed @ 30% BUT does'nt with that part 87A is not available.
When lottory ORGANISOR pay you money he will deduct TDS @ 30% BUT when you file you return , if your total income is below 500001 , you will without any doubt be able to claim 87A relief . and consequently claim refund .
87A , IT NOWHERE prohibit that it is not available on lottory income , moreover it doest'nt say that 87a not applicable to those tax payer whose income is charged under the flat rate OR NON FLAT RATE .
BARE ACT : WHOLE 87A
"An assessee, being an individual resident in India, whose total income does not exceed five hundred thousand rupees, shall be entitled to a deduction, from the amount of income-tax (as computed before allowing the deductions under this Chapter) on his total income with which he is chargeable for any assessment year, of an amount equal to hundred per cent of such income-tax or an amount of two thousand rupees, whichever is less.] "
The only eligibility criteria for 87A is that your total income ( including lottory income ) should not exceed 5lakh .
example :
1 lottory income 1,00,000 ( tds 30000)
2. other income 2,10,000
SOL:
total income = 3,10,000
Tax on lottory income = 30,000
tax on other income = NIL
Total tax 30,000
relief u/ 87a 2,000 (since your TI is below 5 LAKH)
28,000
CESS @ 3% 840
28,840
REFUND (30,000 - 28,840) 1,160