Section86
The Finance Act, 2023

Insertion of new section 194BA

In force Act 8 of 2023 As on 07 Oct 2026

Act 8 of 2023 Ministry Finance

Section 86 of the Finance Act, 2023 deals with insertion of new section 194BA. Insertion of new section 194BA. 86. After section 194B of the Income-tax Act, the following section shall be inserted, namely:— '194BA.

Insertion of new section 194BA.

86. After section 194B of the Income-tax Act, the following section shall be inserted, namely:—

'194BA. Winnings from online games.— (1) Notwithstanding anything contained in any other provisions of this Act, any person responsible for paying to any person any income by way of winnings from any online game during the financial year shall deduct income-tax on the net winnings in his user account, computed in the manner as may be prescribed, at the end of the financial year at the rates in force:

Provided that in a case where there is a withdrawal from user account during the financial year, the income-tax shall be deducted at the time of such withdrawal on the net winnings comprised in such withdrawal, as well as on the remaining amount of net winnings in the user account, computed in the manner as may be prescribed, at the end of the financial year.

(2) In a case where the net winnings are wholly in kind or partly in cash, and partly in kind but the part in cash is not sufficient to meet the liability of deduction of tax in respect of whole of the net winnings, the person responsible for paying shall, before releasing the winnings, ensure that tax has been paid in respect of the net winnings.

(3) If any difficulty arises in giving effect to the provisions of this section, the Board may, with the previous approval of the Central Government, issue guidelines for the purposes of removing the difficulty.

(4) Every guideline issued by the Board under sub-section (3) shall, as soon as may be after it is issued, be laid before each House of Parliament, and shall be binding on the income-tax authorities and on the person liable to deduct income-tax.

Explanation.—For the purposes of this section—

(a)"computer resource", "internet" and "online game" shall have the meanings respectively assigned to them in section 115BBJ;
(b)"online gaming intermediary" means an intermediary that offers one or more online games;
(c)"user" means any person who accesses or avails any computer resource of an online gaming intermediary;
(d)"user account" means account of a user registered with an online gaming intermediary.'.
Section 86, The Finance Act, 2023 (Act 8 of 2023).

Cross-references

Extracted from the operative text of the enactments themselves. Every destination below exists in our corpus.

Questions about Section 86

What does Section 86 of the Finance Act deal with?

Section 86 of the Finance Act is headed "Insertion of new section 194BA". Insertion of new section 194BA. 86. After section 194B of the Income-tax Act, the following section shall be inserted, namely:— '194BA.

How do I find court cases under Section 86 of the Finance Act?

In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Finance Act 2023 86, section 86 Finance Act 2023, section 86 of the Finance Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.

What should I read with Section 86 of the Finance Act, and has it changed?

Its own text turns on Income-tax Act 194B (Winnings from lottery or crossword puzzle, etc), so none of them can safely be read on its own.

When was the Finance Act enacted?

Finance Act was enacted in 2023 as Act 8 of 2023. India Code records no commencement date for it. It is in force as at the date shown on this page.

Other sections of this Act

Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Harvested from the Income Tax Department's own portal at incometaxindia.gov.in, which publishes the Finance Acts section by section. India Code carries none of them: its Central community holds the Acts that stand as general law, and a Finance Act is an amending and rate-fixing instrument. This page is not a substitute for legal advice.