Assessee company is\u00a0 engaged in business of providing online gaming services. It had filed detailed submissions before Assessing Officer regarding withholding taxes on winning amount paid to players as well as withholding tax on online promotional expenses.\u00a0 In support of its submission, assessee also furnished TDS payment challans under section 194B.\u00a0 Assessee deducted TDS at source at rate of 30 per cent under section 194B only when winning amount exceeded Rs. 10,000. However, Assessing Officer, without conducting any enquiry, passed assessment order.\u00a0 Commissioner invoked revisionary proceedings on ground that Assessing Officer failed to conduct enquiries and verification as to why payments made for winning from lotteries\/crossword puzzles were not routed through profit and loss account and as to why TDS was not deducted on full amount of payment made. On appeal the Tribunal held that\u00a0 since under section 194B as it stood during relevant year, there was no requirement to withhold tax on entire payment made by assessee, allegation of Principal Commissioner that assessee failed to deduct tax on entire payment made towards winning from lottery\/crossword puzzle was without any merit. However, it was evident from record that Assessing Officer had not examined\/verified details so filed by assessee and, thus, Commissioner was justified in setting aside assessment order for limited purpose of examining issue of deduction of TDS under section 194B. (AY. 2015-16)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 263 : Commissioner-Revision of orders prejudicial to revenue-Winnings from lotteries or crossword puzzles-Online gaming-Winning amount paid to players of games available on its website-Revision is justified for for limited purpose of examining issue of deduction of TDS under section 194B.[S. 194B] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-48150","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-cwC","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48150","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=48150"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48150\/revisions"}],"predecessor-version":[{"id":48151,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/48150\/revisions\/48151"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=48150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=48150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=48150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}