Every January, thousands of Indians check their state lottery tickets, and every IPL season, informal betting circles buzz across the country. Some people win big. Many don’t. But here’s the twist that catches most people off guard: if you lose money in a lottery, a card game, or a bet, the Income Tax Act simply refuses to acknowledge that loss for tax purposes. You cannot use it to reduce your tax bill, not even against winnings from the very same activity. This blog breaks down exactly why the law treats these losses so strictly, and what it means in practice.

Table of Contents

What counts as lottery, betting and gambling income

Before understanding the loss rule, it helps to know what falls into this bucket. Under Section 115BB of the Income Tax Act, 1961, winnings from lotteries, crossword puzzles, races including horse races, card games, and any other game of chance, gambling, or betting are grouped together as a special category of income.

This includes:

  • Lotteries – state-run or private draws where prizes are won by chance.
  • Crossword puzzles and quiz contests – prize money from solving puzzles or answering questions.
  • Card games – rummy, poker, teen patti, and similar games played for stakes.
  • Betting and gambling – wagers placed on sports, races, or other outcomes.
  • Horse races – winnings from betting on race outcomes (not the business of owning racehorses, which is treated separately).

All such winnings are taxed at a flat rate of 30 percent, with applicable surcharge and cess pushing the effective rate close to 31.2 percent, as confirmed by the bare text of Section 115BB. There is no basic exemption limit here. Even if your total income is otherwise below the taxable threshold, a lottery win is still taxed at this flat rate from the very first rupee.

The core rule: losses stay locked within their own box

Now to the heart of the matter. Section 58(4) of the Income Tax Act makes it clear that no deduction is allowed for any expenditure or allowance while computing income from these activities. This one line has a big consequence: if you spend money buying lottery tickets, placing bets, or playing card games and you lose, that expenditure cannot be deducted from any winnings you might have had, as explained by tax experts analysing this provision.

The restriction goes even further than just disallowing expenses. The law also blocks the set off of losses from these activities against any other income, and this includes winnings from a similar activity. In other words, a loss from betting on one horse race cannot even be adjusted against a win from a different horse race in the same year, let alone against your salary, business profits, or capital gains, a point highlighted in professional commentary on the provision, as noted by tax practitioners writing on this topic.

This is fundamentally different from how most other losses under the Income Tax Act are treated. A business loss, for instance, can usually be set off against income from other heads in the same year and carried forward for future years. Losses from these speculative, chance-based activities get none of that flexibility.

Why “intra-head” set off doesn’t apply here either

Normally, under the general scheme of set off described in Sections 70 and 71 of the Act, a loss from one source can first be adjusted against income from another source under the same head. This is called intra-head set off, and it’s explained clearly in guidance published on the Income Tax Department’s own FAQ page. For most types of income, this works smoothly. But lottery, betting, and gambling losses are carved out as an exception. Even though winnings from these activities are taxed under the head “Income from Other Sources,” the losses cannot be set off against other income falling under that same head, and they certainly cannot be carried forward to future years.

Comparing this with other types of losses

To really appreciate how strict this rule is, it helps to place it next to how the law treats other common categories of loss.

Type of loss Set off within same head? Set off against other heads? Carry forward allowed?
Lottery, betting, gambling, card games No No No
House property loss Yes Yes, up to Rs. 2 lakh under the old regime Yes, up to 8 years
Non-speculative business loss Yes Yes, except against salary income Yes, up to 8 years
Capital loss Yes, within capital gains only No Yes, up to 8 years

As this comparison from resources summarising the set off and carry forward framework shows, almost every other category of loss has at least some pathway to reduce future tax liability. Lottery and gambling losses stand alone as a category with zero relief, whether in the current year or any year after.

A worked example

Suppose Ms. Sharma wins Rs. 50,000 in a card game tournament during the year. In the same year, she also loses Rs. 30,000 in a separate card game and Rs. 20,000 betting on a cricket match. Her taxable income from this category is not Rs. 0, and it is not Rs. 50,000 minus Rs. 50,000 in losses. It remains the full Rs. 50,000 in winnings, taxed at 30 percent plus applicable surcharge and cess. The Rs. 50,000 she lost elsewhere simply cannot be adjusted against it.

This example illustrates the point that the law taxes each winning event on a gross basis. There is no netting of wins and losses across the year, and no rolling forward of a bad year to offset a good one later.

TDS adds another layer

On top of the flat 30 percent tax, there is also tax deducted at source. Under Sections 194B and 194BB, whoever pays out the winnings, whether a lottery operator, a game show, or a racecourse, must deduct tax before handing over the prize if it crosses the prescribed threshold, as detailed in analysis of Section 115BB and its related TDS provisions. This means the winner often receives a net amount after tax has already been withheld, well before they even file their return.

Why the law is designed this way

This might seem harsh at first glance, but there is a clear policy logic behind it. Lotteries, betting, and gambling are treated as chance-based, high-risk activities rather than productive economic effort. Allowing losses from such activities to reduce a person’s overall tax liability would effectively let the tax system subsidise speculative risk-taking. A detailed academic treatment of this rationale appears in study material prepared by the Institute of Chartered Accountants of India, which places this provision alongside other special set-off restrictions in the Act.

There’s also a simpler fairness argument. Winnings from these activities are already taxed favourably in one sense, since they attract a flat rate rather than being pushed into a person’s higher income slab through aggregation. In exchange for this simplicity, the law denies any offsetting benefit from losses. It keeps the entire category self-contained: winnings are taxed on a gross basis, and losses simply vanish for tax purposes.

Key takeaways for B.Com students

  • Complete ring-fencing: Losses from lottery, betting, gambling, crossword puzzles, and card games cannot be set off against any other income, including winnings from the same category.
  • No expenditure deduction: Section 58(4) blocks any deduction for expenses incurred in earning such winnings.
  • No carry forward: Unlike business or capital losses, these losses cannot be carried forward to future assessment years under any circumstance.
  • Flat rate taxation: Winnings are taxed at 30 percent under Section 115BB, regardless of the taxpayer’s income slab.
  • TDS at source: Payers deduct tax before disbursing winnings above the prescribed threshold under Sections 194B and 194BB.

What do you think? If someone wins Rs. 1 lakh in one lottery draw and loses Rs. 1 lakh in another during the same year, does it seem fair that they still pay full tax on the win with no adjustment for the loss? And how does this strict treatment compare, in your view, with the relatively generous carry-forward rules given to business losses?

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References
  1. https://indiankanoon.org/doc/1461641/
  2. https://learn.quicko.com/tax-winning-lottery-puzzle-game-shows
  3. https://www.taxsmooth.com/knowledge-center/tax-provisions-on-winnings-from-games
  4. https://incometaxindia.gov.in/Pages/faqs.aspx?k=FAQs+on+Set+Off+and+Carry+Forward+of+Losses
  5. https://cleartax.in/s/set-off-carry-forward-losses
  6. https://sortingtax.com/section-115bb-income-tax-act-1961/
  7. https://live.icai.org/bos/vcc/pdf/24032022_C__Muthu_Palaniappan_Clubbing_and_Set-off_-_Updated_1649672647.pdf

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Income Tax Law and Practice

1 Basic Concepts-I

  1. Broad Mechanism of Income Tax in India
  2. Concept of Income
  3. Definition of Person
  4. Definition of Assessee
  5. Permanent Account Number
  6. Assessment Year
  7. Previous Year
  8. Taxation of Previous Year’s Income during the Same Year
  9. Concept of Total Income
  10. Accounting Method

2 Basic Concepts-II

  1. Agricultural Income
  2. Definition of Agricultural Income
  3. Kinds of Agricultural Income
  4. Instances of Non-agricultural Income
  5. Partly Agricultural Income
  6. Integration of Agricultural Income with Non-agricultural Income
  7. Concept of Casual Income
  8. Examples of Casual Income
  9. Incomes Not Treated as Casual Income
  10. Capital and Revenue Receipts
  11. Determine the Nature of a Receipt
  12. Examples of Capital and Revenue Receipts

3 Residential Status and Tax Liability

  1. Importance of Residential Status
  2. Categories of Residential Status
  3. Rules for Determining Residential Status
  4. Scope of Total Income on the Basis of Residence
  5. Kinds of Incomes
  6. Income Received in India
  7. Income Deemed to be Received in India
  8. Incomes Accruing or Arising in India
  9. Income Deemed to Accrue or Arise in India
  10. Incidence of Tax

4 Exempted Incomes

  1. Meaning of Exempted Income
  2. List of Exempted Incomes
  3. Certain Exempted Incomes in the Hands of an Individual
  4. Exempted Incomes of Certain Institutions and Funds
  5. Income of Charitable and Religious Trusts and Political Parties
  6. Exempted Income for Non-Citizen And/or Non-Resident Assessee

5 Salaries-I

  1. Meaning of Salary
  2. Some Important Points Regarding Salary
  3. Definition of Salary for Different Purposes
  4. Salary or Wages
  5. Encashment of Earned Leave on Retirement
  6. Bonus, Fees, Commission, Profit in Lieu of Salary
  7. Pension
  8. Annuity
  9. Gratuity
  10. Compensation on Retrenchment
  11. Voluntary Retirement
  12. Advance Salary

6 Salaries-II

  1. Perquisites
  2. Valuation of Perquisites for Specified Employees
  3. Fully Exempted Perquisites (Tax Free Perquisites)
  4. Deduction from ‘Salaries’

7 Salaries-III

  1. Provident Fund Schemes
  2. Statutory Provident Fund
  3. Recognized Provident Fund
  4. Unrecognized Provident Fund
  5. Public Provident Fund (PPF)
  6. Approved Superannuation Fund
  7. Tax Treatment of Provident Fund
  8. Certain Other Aspects of Taxable Salary
  9. Deduction under Section 80C
  10. Gross Qualifying Amount

8 Income from House Property

  1. Income from House Property
  2. Exempted Incomes from House Property
  3. Some Important Points
  4. Annual Value
  5. Computation of Annual Value
  6. Deductions from Annual Value
  7. Loss under the Head ‘Income from House Property’
  8. Computation of Taxable Income from House Property

9 Income from Profits and Gains of Business or Profession-I

  1. Meaning of Business or Profession or Vocation
  2. Basis of Charge
  3. General Principles for Calculating Business and Profession Income
  4. Computation of Income from Business or Profession
  5. Specific Deductions-I: Rent, Rates, Taxes, Repairs, and Insurance for Buildings
  6. Repairs and Insurance of Machinery, Plant & Furniture
  7. Depreciation
  8. Incentive for Acquisition and Installation of New Plant or Machinery in the Notified Backward Areas in Certain States

10 Income from Profits and Gains of Business or Profession-II

  1. Tea Development Account, Coffee Development Account and Rubber Development Account
  2. Site Restoration Fund
  3. Expenditure on Scientific Research
  4. Amortisation of Spectrum Fee for Purchase of Spectrum
  5. Amortisation of Telecom License Fees
  6. Deduction in Respect of Expenditure on Specified Business
  7. Expenditure by Way of Payments to Association and Institutions for Carrying Out Rural Development Programmes
  8. Weighted Deduction of 100% for Expenditure Incurred on Agricultural Extension Project
  9. Weighted Deduction of 100% for Expenditure Incurred by a Company on Skill Development Project
  10. Amortization of Certain Preliminary Expenses
  11. Amortization of Expenditure in Case of Amalgamation or Demerger
  12. Amortization of Expenditure Incurred Under Voluntary Retirement Scheme
  13. Other Deductions
  14. General Deductions

11 Income from Profits and Gains of Business or Profession-III

  1. Special Disallowances under the Act
  2. Deemed Profits Chargeable to Tax
  3. Maintenance of Books of Account
  4. Compulsory Audit of Accounts
  5. Estimated Income Method for Computing Business Income

12 Capital Gains

  1. Concept of Capital Asset
  2. Transfer of Capital Asset
  3. Computation of Capital Gains
  4. Cost of Acquisition
  5. Cost of Improvement
  6. Indexed Cost of Acquisition and Improvement
  7. Capital Gains Exempt from Tax
  8. Tax on Short term capital gain on Transfer of Equity Shares
  9. Tax on Long Term Capital Gain on Transfer of Listed Securities
  10. Computation of Taxable Income from Capital Gains

13 Income from other Sources

  1. Income Chargeable Under the Head Income from Other Sources
  2. Deductions Allowed
  3. Dividends
  4. Winnings from Lotteries, Crossword Puzzles, Horse Races, Card Games, etc. (Casual Incomes)
  5. Interest on Securities
  6. Income from Letting out of Plant, Machinery or Furniture
  7. Income from Composite Letting of Machinery, Plant, Furniture and Building
  8. Contributions Received from Employees
  9. Receipts without Consideration
  10. Family Pension Received by the Legal Heirs of a Deceased Employee
  11. Receipt of Shares by a Firm or a Company
  12. Share Premium in Excess of Fair Market Value
  13. Interest on Compensation or on Enhanced Compensation

14 Aggregation of Incomes (Clubbing of Incomes and Deemed Incomes) and Set off and Carry Forward of Losses

  1. Aggregated Income
  2. Deemed Incomes
  3. Clubbing of Incomes
  4. Income of Minor Child
  5. Income from Converted Property
  6. Income from the Accretion to Assets
  7. Clubbing of Negative Incomes
  8. Set off and Carry Forward of Losses
  9. Inter-source adjustment
  10. Inter-Head adjustment
  11. Set off of losses of General Business
  12. Set off of losses of Speculation Business
  13. Set off of losses of Specified Business
  14. Set off of losses under the head Capital Gains
  15. Set off of losses from Owning and Maintaining Race Horses
  16. Set off of losses of Lottery, Betting, Gambling, Cross Word, Puzzles or Card Games

15 Deductions from Gross Total Income

  1. Deductions to Encourage Savings
  2. Deductions for Certain Personal Expenditure
  3. Deductions for Encouraging Voluntary Participation in Charitable and Socially Desirable Activities
  4. Deductions for Economic Growth
  5. Deductions in Respect of Royalty Income
  6. Deduction in Respect of Saving Bank A/C Interest
  7. Deduction in Case of Person with Disability

16 Assessment of Individuals

  1. Steps in Computation of Total Income
  2. Head wise Computation of Income
  3. Computation of Gross Total Income
  4. Deductions under Chapter VIA
  5. Some Illustrations (Computation of Total Income)
  6. Computation of Tax Liability of Individuals (with Illustrations)

17 Assessment of Firms

  1. Meaning and Definition of Partnership
  2. Essential Features of Partnership Firm
  3. Partnership Deed/Deed of Partnership
  4. Registration of Firm
  5. Non-Registration of Firm
  6. General Rules and Procedure
  7. Provisions of Section 184 Regarding Assessment of Firm
  8. Assessment in Case of Non-Compliance of Section 184
  9. Provisions of Section 40 (B) Regarding Assessment of Firm
  10. Computation of Book Profit
  11. Computation of Total Income of the Firm
  12. Computation of Tax Liability of the Firm
  13. Provisions of Alternate Minimum Tax (AMT) For Limited Liability Partnerships (LLP)
  14. Computation of Partner’s Income from The Firm
  15. Assessment of Reconstituted Firm
  16. Assessment in Case of Succession of One Firm by Another Firm
  17. Joint and Several Liabilities of Partners for Tax Payable by Firm
  18. Dissolution of A Firm or Discontinuance of Business
  19. Procedure of Tax Payment and Filing of Return of Income by Firms

18 Filing of Return and Tax Authorities

  1. Return of Income
  2. Submission of Return of Income [Section 139(1)]
  3. Due Dates for Filing the Return
  4. Central Government Empowered to Exempt any Person from the Requirement of Furnishing Return of Income [Section 139(1c)]
  5. Permanent Account Number (PAN) [Section 139(a)]
  6. Quoting of Aadhar Number [Section 139(aa)]
  7. New Scheme to Facilitate Submission of Returns through Tax Return Preparers [Section 139(b)]
  8. Selection of Correct Form of Return [Rule 12]
  9. Belated Return [Section 139(4)]
  10. Revised Return [Section 139(5)]
  11. Defective Return [Section 139(9)]
  12. Power of Board to Dispense with Furnishing Documents etc with the Return [Section 139(c)]
  13. Return of Losses [Section 139(3)]
  14. Types of Assessment
  15. E-Filing of Return [Section 139(d)]
  16. Tax Authorities
  17. Verification of Return [Section 140]
  18. Consequences of Delay in Filing Return
  19. Consequences of Incorrect Information

19 Online Filing of Returns

  1. What is Income Tax Return (ITR)?
  2. Documents required for filing ITR
  3. Advantages of filing ITR
  4. Benefits of E-Filing over Physical Filing of Returns
  5. Step to step guide for E-filing of returns
  6. Do’s and Don’ts of E-filing of Returns

20 Leading Cases Decided by Supreme Court

  1. Analysis of Bharat V. Patel Judgment, 2018 (Income from Salaries)
  2. Surya Roshni Ltd Vs. EPFO, 2019 LLR 339 (Provident Contribution on all Allowances)
  3. CIT Vs. Podar Cement (P) Ltd (House Property)
  4. Universal Plast Ltd. Vs. CIT (Income Earned by the Assessee by Leasing out Assets of Business)
  5. Shivakumar Kheny (HUF) v. ITOITA No. 792/Bang/2019 (Capital Gain)
  6. CIT vs. O. K. Arumugham Chettiar & Anr (Income from other sources)
  7. CIT v. M.R. Doshi 211 ITR 1 (Clubbing of Income)
  8. Quoting Aadhaar Mandatory for Filing Income Tax Returns and PAN Application