Winning from online gaming a.y 2022-23

Tax queries 184 views 1 replies

With effect from 01.04.23  Under Section 194BA, platforms must deduct TDS on "net winnings" as determined under Rule 133 of the Income-tax Rule, 1962, which defines net winnings as withdrawals (plus closing balance) reduced by opening balance and non-taxable deposits.

Prior to this in f.y. 21-22 an assesee deposited Total non taxable amount of 1.5cr and withdrawal 1.4cr in rummy circle account and a search was conducted on gamesskrat after that the case of the assessee opend and ao made addition of whole amount.  Pls share case low or income tax act which are relevant to determine taxable value from winning. Amended sec 115BBJ is applicable from April 24

 

 

Replies (1)

Given your facts:

  • Your deposits (₹1.5 cr) exceed withdrawal (₹1.4 cr). That means you effectively did not “win” more than your deposits (on gross basis).

  • Under the old regime, AO will tax your winnings as the entire gain (they may treat the whole withdrawal or the gross winning shown in your platform account).

  • You must show your deposit statements, platform account-wise deposit history, proof that money came from your bank, and that you did not earn more than deposit.

In appeal, you can press:

  1. AO should segregate the amount deposit vs bonus vs winnings — request him to examine platform ledger to show how much was actual winning vs deposit.

  2. Challenge if AO does not prove your deposit was “income / winning”.

  3. Show that applying 115BB strictly on “gross winnings” is harsh, and reliance on post-2023 Rule 133 is a more rational method (even though not law then). Sometimes courts allow relief based on “same method” concept, but success is uncertain.

But keep in mind: AO’s approach is consistent with the law as it stood then, and courts have upheld such gross additions.


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