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Case lawCirculars1983 › Circular No. 366
CBDT circular 20 July 1983

Circular No. 366

Financial Year 1983-84

What this is

Circular No. 366 was issued by the Central Board of Direct Taxes on 20 July 1983. Its subject is Financial Year 1983-84.

What it does

States the rates for deduction under section 194BB from winnings from horse races for the financial year 1983-84, as specified in Part II of the First Schedule to the Finance Act, 1983. For a person other than a company, whether resident or non-resident, the rate is 33.75 per cent, being income-tax at 30 per cent and surcharge at 3.75 per cent, with a non-resident bearing the higher of that or the slab rates in Sub-Paragraph I of Paragraph A of Part III of the Schedule as if the winnings were his total income; for a domestic company 22.575 per cent and for a company other than a domestic company 73.5 per cent. The tax deducted must be paid to the credit of the Central Government at the Reserve Bank of India, the State Bank of India or another authorised public sector bank within one week from the last day of the month of deduction, with income-tax and surcharge recorded separately on the right type of challan.

Why it was issued

The Board's annual instruction on this deduction, following Circular No. 339, dated 6-5-1982, which had carried the rates for the financial year 1982-83.

Who it reaches

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.
Under the 1961 ActNow
s.194BBs.393

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

FINANCIAL YEAR 1983-84
1761. Instructions for deduction of tax at source from winnings from horse races during financial year 1983-84 at the rates specified in Part II of First Schedule to Finance Act, 1983
1. I am directed to invite a reference to Board’s Circular No. 339 [F. No. 275/18/82-IT(B)], dated 6-5-1982, on the above subject, wherein the rates at which deduction of tax under section 194BB to be made during the financial year 1982-83 from winnings from horse races were communicated.
2. The Finance Act, 1983 specifies the rates of tax for deduction at source from payments by way of winnings from horse races during the financial year 1983-84 in Part II of the First Schedule to the said Act. They are as under :

Rates of income-tax including surcharge

I. In the case of a person other than a company—

(a) where the person is resident in India

33.75 per cent (IT 30 per cent + SC 3.75 per cent);

(b) where the person is not resident in India

33.75 per cent (IT 30 per cent + SC 3.75 per cent);

or

income-tax and surcharge on income-tax in respect of the income at the rates prescribed in Sub-Paragraph I of Paragraph A of Part III of the First Schedule to the Finance Act, 1983, if such income had been the total income,

whichever is higher.

II. In the case of a company—

(a) where the company is a domestic company

22.575 per cent (IT 21.5 per cent + SC 1.075 per cent)

(b) where the company is not a domestic company

73.5 per cent (IT 70 per cent + SC 3.5 per cent).

3. The tax deducted should be paid to the credit of the Central Government by remitting it into the office of the Reserve Bank of India or the State Bank of India or any other authorised public sector bank within one week from the last day of the month in which the deduction is made. While making the payment of tax deducted at source to the credit of the Central Government, it may please be ensured that the correct amount of income-tax and surcharge is recorded separately in the right type of challan form.
4. These instructions are not exhaustive and are issued only with a view to helping the persons responsible for making deductions of tax under this section. Whenever there is a doubt a reference should always be made to the Income-tax Act and the rele­vant Finance Act through which the changes in the tax structure are made.
5. In case any assistance is required, the Income-tax Officer concerned or the local Public Relations Officer of the Income-tax Department may be approached for the same.
Circular: No. 366 [F. No. 275/23/83-IT(B)], dated 20-7-1983.

What to watch

Where you meet it

In a TDS default proceeding against a race club for winnings paid in the financial year 1983-84.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

← Circular No. 365  ·  Circular No. 364 →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.