Set off of gambling loss

Nelli.pradeep kumar reddy (CA) (118 Points)

21 June 2017  

Dear all

As per the provisions of income tax ,No loss can be set off against income from winnings from lotteries, crossword puzzles, race including horse race, card game, and any other game of any sort or from gambling or betting of any form or nature.

Now the case is One my friend plyaed game in Ace2three.com ( I think it falls under gambling). he played for an amount of Rs.5,00,000 and he lost Rs.2,80,000 ( In different games over the year ) . But  Among some winnings they deducted TDS about Rs 60,000.

As per the provision loss can not be set off against income of gambling.

Now my Query is 

1.Does game played in Ace2three falls under gambling

2. Is there any possibility of claiming this refund ?

3. Is there any case  law in favour of Assessee stating that gambling income can be set off against gambling income of same year ( Not for carry forward ).

Kindly provide with a solution if u have any idea about it.

 

Thanks in advance

Pradeep