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2016 (1) TMI 638 - AT - Income TaxTDS u/s 194B - failure to deduct tax from stake money prizes paid to horse owners - Held that:- The lower authorities has applied the provisions of section 194B to the payments made to horse owners as “stake money” on the ground that by insertion of words ‘or card game and other game of any sort’ w.e.f. 1.6.2001, the horse racing income comes under the ambit of ‘other game of any sort’, we find that this issue had arisen in the case of Bangalore Turf Club Ltd. Vs. Union of India and others (2014 (12) TMI 843 - KARNATAKA HIGH COURT) wherein held that the amended provision of section 194B do not apply to horse racing. The term 'any other similar game' found in Explanation (ii) to section 2(24)(ix) has to be held as inclusive definition and has to be read ejusdem generis and as such, activity of owning and maintaining horses cannot by any stretch of imagination fall in the definition of 'card game or other game of any sort' found in section 194B. - Decided in favour of assessee
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