question: significant quantities are gained in the contest now everyday below the title `Kaun Banega Crorepati’. different tv media are also starting such contests. financial instances dated September three contains diverse views as to the tax liability of such prize money. in response to one view, since the competition isn’t gambling, however one involving skill, it could be taxed most effective as standard income so that most effective desirable slab rate at 30 per cent with surcharge at 15 per cent on income exceeding Rs. 1.5 lakhs is relevant. On the other hand, a view, attributed to departmental supply, is that it is taxable at forty per cent beneath Sec. 115BB of the Act and is liable for tax deduction at source below Sec. 194B, where the prize funds exceeds Rs. 5,000. what’s the relevant place in legislation?
retort: It is correct that skill predominates within the feel that it is a verify of abilities in diverse fields, however also comprises an point of possibility in that the questions may additionally sometimes relate to fields with which one does no longer all the time associate fundamental knowledge. The solutions being definite, it can not be handled as a mere online game of opportunity on the basis of instructions laid down daftar poker in the case of State of Bombay v R. M. D. Chamarbaughwala AIR 1957 SC 6990 called RMDC case. the place ability is predominant, it is not a video game of probability in the nature of lottery or playing as pointed out by the Supreme court docket in Dr. okay. R. Lakshmanan v State of Tamil Nadu 1997 223 ITR 601 SC in the case of racing. due to the fact the contestants don’t seem to be professional participants in such contests, the earnings can’t be treated as revenue from company or profession.
If it is a mere windfall, it may be handled as a capital receipt. If, on the different hand, if it is a reward for one’s service however now not in the ordinary line of pastime of the individuals, it could be casual income. if it is casual profits, it is eligible for exemption most effective up to Rs. 5,000 vulnerable to tax at the average price applicable to any taxpayer on the good slab rate being 30 per cent no longer together with surcharge. salary, which is not taxable as earnings in the average feel of the be aware, turns into taxable as deemed profits like capital beneficial properties below Sec. 224ix of the income-tax Act. One such class of deemed profits is listed in Sec. 224ix as “any winnings from lotteries, crossword puzzles, races including horse races, card games and different games of any model or from gambling or making a bet of any kind or nature in any respect”. revenue falling under this provision is susceptible to tax under Sec. 115BB of the income-tax Act at the fee of 40 per cent.
here considerations would come up for consideration:
1 Is it within the nature of a windfall, because there is an element of opportunity on the questions posed for respond, so that it is only a capital receipt not taxable at all?
2 Are winnings from such contests as `Kaun Banega Crorepati’ admittedly involving some ability be treated as `different video games of any style’ so as to be lined beneath Sec. 224ix of the Act as deemed income along with lotteries, card games and gamblings?
3 in spite of the fact that it is so lined, can such income be taxed as commonplace profits to be taxed handiest at standard cost under Sec. four of the Act?
On the considerations, one has to reckon with the decision of the Supreme court in CIT v G. R. Karthikeyan 1993 201 ITR 866, the place the Supreme court docket took the view that the quantity won as prize funds through a businessman in a motor race should be coated by this provision on account of the broad be ascribed to `different games of any style’. This choice, youngsters, is not solely on the deeming provision, but also on the concept of revenue itself. It became discovered that salary is to be understood in a wide experience. In that feel, besides the fact that the indisputable fact that the assessee changed into taking part in the rally simplest as an novice and never as skilled, the prize, it turned into felt, would be profits irrespective of any deeming provision. If it had been so covered, there became no necessity to judge lottery salary as taxable receipt certainly taxable at 40 per cent, when the ruling cost of tax become greater. To the extent to which this determination would presume that such prize funds would constantly be treated as revenue, even where it is in the nature of windfall, would appear to want assessment, since the conception of revenue, extensive because it is, should still still require to be differentiated from capital receipts. As otherwise there changed into no need for deeming even capital features as earnings, which become now not taxable previous to such deeming provision. however, in view of the decision in Supreme court docket, liability can not be prevented.
alas in coming to the above conclusion, the Supreme courtroom did not note that this changed into now not the department’s case. The judgement of the high court docket in this case 1980 124 ITR eighty five Mad. shows that the only issue turned into whether the prize, notwithstanding involvement of ability, being a windfall, is nonetheless in charge to be taxed beneath Sec. 224ix of the Act. The Supreme court also did no longer locate any big difference between capital and income receipts. although, in the view of the Supreme court docket, even otherwise, the volume would fall to be assessed as winnings from `other video games of any kind’.
To the extent that the Supreme courtroom determination in G. R. Karthikeyan’s case has deemed all such receipts as profits, can also smartly suggest liability to tax most effective at typical cost, if it falls beneath time-honored class of revenue without liability for tax deduction at source. nonetheless it will endure at special fee of 40 per cent, if it falls below the special category of salary beneath `different video games of any form’ under Sec. 224ix within the type of racing, playing and having a bet. it might have, hence, been possible to adopt the reasoning of the Supreme court in G. R. Karthikeyan’s case that such earnings from such contest is usual salary not falling within the particular class, but for its alternate discovering that `motor racing’ notwithstanding concerned ability is at risk of tax as `a game of any sort’. In view of the same, even on the 2d and third issues, it needs to be concluded, that it aren’t possible to ward off legal responsibility at 40 per cent unless there is a successful overview of the determination through the Supreme courtroom or revenue chooses to concede that it does no longer fall under Sec. 224ix, but is liable otherwise as income. Such prize moneys need not be handled as winnings if such contests are not treated on a par with games like lotteries, card video games, horse racing, crossword puzzles and gambling listed beneath Sec. 224ix.
It is feasible to argue that the observe `other’ may still be understood as coming beneath the same category on the principle of ejusdem generis, which means that phrases coming collectively derive shade from each and every other. This principle will qualify the that means of the expression notwithstanding the words `of any model’ following the phrases `other video games’. extra, the be aware `winnings’ itself includes a part of chance in order that best such games as would involve probability of the identical nature would require to be covered via this provision. hence, there’s a powerful case for assuming that such contests involving predominant factor of skill can’t be classed with other video games classed with lotteries, horse race, card games, gambling or making a bet and that, if at all it could be taxed simplest at usual fee, however then in the mild of nice ruling of the Supreme court, that `different video games of any style’ would consist of even a activities adventure together with skill is responsible to be taxed at the cost relevant to lotteries, there looks to be no escape from legal responsibility at forty per cent.
As for tax deduction at source, there is provision for the equal in recognize of lotteries and crossword puzzles below Sec. 194B and for horse racing under Sec. 194BB. within the absence of provision for TDS for card games, making a bet, playing and `other games of any type’, the quantity can be taxed handiest in the fingers of the recipients, who may additionally, despite the fact, be anticipated to pay the tax even through method of enhance tax.