TDS on gift

TDS 1326 views 6 replies

If I pay TDS on gift (received on winning contest voucher), can I claim it back while filing return?

 

Thanks

Sunny

Replies (6)

YES, You claim the bebefit of TDS WHILE FILLING RETURN

nO SIR.. I DISAGREE...

THERE IS  SPECIFIC SET OF PROVISIONS FOR WINNING FROM THESE TYPE OF GAMES ( 115BB)

THE MAXIMUM EXEMPTION LIMIT DOES NOT COUNT FOR THIS PART OF THE INCOME

Originally posted by : Amitkk

nO SIR.. I DISAGREE...

THERE IS  SPECIFIC SET OF PROVISIONS FOR WINNING FROM THESE TYPE OF GAMES ( 115BB)

THE MAXIMUM EXEMPTION LIMIT DOES NOT COUNT FOR THIS PART OF THE INCOME

T.D.S. CAN BE CLAIMED.    

Hi friends,

I think point raised by Amitkk is absolutely right since in the question it was asked whether the same can be claim as refund??

Ok let me try make it simple -

1) TDS credit will be allowed.

2) Refund of that TDS can't be claimed since the same is taxable u/s 115BB at a flat rate of 30%(i:e irrespective of assesse's tax bracket) except in a situation where assesee is having CURENT YEAR loss under head House Property/PGBP/Other sources

Agree with Amir bhai....

I too had this same doubt...but Amir only cleared it.....

Refund of TDS cannot be claimed in this situation....

That is I can claim credit maximum to the extent of amount of tax to be paid but not more than that.

 

For eg.1

Tax payable                15000

TDS on gift                    5000

Net tax payable          10000

 

For eg 2

Tax payable                 15000

TDS on gift                   16000

Tax Payable/Refund    NIL

 

Am I Right???


CCI Pro

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