Sec 115 bbh

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TDS has been deducted under sec 194 s of Income tax act. In which head we have to show the income?
what is sec 115 bbh?
Replies (1)

Hey! Let me clarify both your queries:


1. TDS Deducted under Section 194S — Which Income Head?

  • Section 194S is related to TDS on income from virtual digital assets (VDAs) like cryptocurrencies and NFTs.

  • Income from such transactions is taxed under the head "Capital Gains" if it qualifies as capital asset gains, or "Income from Other Sources" if treated differently, but mostly it’s under Capital Gains for VDAs.

  • In the Income Tax Return (ITR), you typically show this income under Capital Gains (Schedule CG).

  • The TDS deducted under 194S should be reflected as tax deducted at source while filing the return.


2. What is Section 115BBH?

  • Section 115BBH was introduced by the Finance Act, 2023.

  • It deals with taxation of income from transfer of virtual digital assets (VDAs).

  • Under this section:

    • Income from transfer of VDAs is taxed at a flat rate of 30% (plus applicable surcharge and cess).

    • No deduction (except cost of acquisition) or set-off of losses is allowed under this section.

    • Losses from transfer of VDAs cannot be set off against any other income nor carried forward.

    • This is a special provision aimed to tax income from crypto and other digital assets separately.


Quick summary:

Query Answer
TDS under Section 194S Show income under Capital Gains (Schedule CG) in ITR
Section 115BBH Special tax provision for income from transfer of VDAs at 30%, no deductions/loss set off allowed

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