Legal Analysis on the Taxability of a Grant Received in the Nature of Prize Money
The assessee has received a sum of ₹10,00,000 in June 2025 pursuant to a competition held for presentation of a business idea. The amount was awarded as a grant with the stated objective of enabling the recipient to initiate or develop a proposed business venture. It is submitted that the amount in question is not in the nature of winnings from any game, lottery, betting, or gambling activity and therefore falls outside the purview of Section 115BB read with Section 56(2)(ib) of the Income-tax Act, 1961 (“the Act”).
As per Section 4 read with Section 5 of the Act, income is chargeable to tax in the year in which it is either received or accrued, subject to the method of accounting regularly employed by the assessee. In the present case, the assessee follows the cash system of accounting, and the amount was credited to the assessee’s bank account in June 2025. Accordingly, the said receipt shall be taxable in the hands of the assessee in the Financial Year 2025–26, corresponding to Assessment Year 2026–27.
On the question of classification of the receipt, it is pertinent to distinguish between capital receipts and revenue receipts. Grants received with the primary intention to assist in setting up or augmenting a business — and not in lieu of any service rendered or recurring support — are generally regarded as capital receipts. If the amount has been awarded with the dominant purpose of providing capital assistance towards establishment of a new business venture, such receipt may be classified as a capital receipt. Under prevailing jurisprudence and statutory provisions, capital receipts are not chargeable to tax unless specifically included within the scope of income under Section 2(24) of the Act.
However, in the alternative scenario where the grant is in the nature of revenue assistance, particularly if it is intended to subsidise business operations or working capital requirements, the receipt may be taxable under the head “Profits and Gains from Business or Profession” in accordance with Section 28 of the Act. In such case, it shall be open to the assessee to claim deductions in respect of any legitimate business expenditures incurred, and the net income shall be taxable at the applicable slab rates.
It is further clarified that since the amount is not in the nature of income falling under Section 56(2)(ib), the provisions of Section 115BB prescribing a flat tax rate of 30% shall not apply. Consequently, the income shall be subject to tax at the regular rates applicable to the assessee, and the benefit of basic exemption limit and deductions under Chapter VI-A of the Act (e.g., Sections 80C to 80U) shall be available, provided other conditions are satisfied.
The assessee is advised to ascertain whether tax has been deducted at source under any provision such as Section 194J or Section 194C, depending upon the nature of payment, and to ensure proper credit of such tax deducted at source (TDS) in Form 26AS. In the event of non-deduction or short deduction of TDS, the assessee shall remain liable to discharge the residual tax liability through advance tax payments or at the time of self-assessment under Section 139.
In conclusion, based on the facts presented, the sum of ₹10,00,000 received in June 2025 shall be taxable in AY 2026–27, and the appropriate head of income and rate of tax shall depend upon the nature and purpose of the grant. If classified as a capital receipt not chargeable under Section 2(24), no tax shall be leviable. If treated as business income, the receipt shall be taxable under the head “PGBP” at normal rates, with corresponding allowances for business-related deductions.
Recommended Action
- Get documentation (grant letter, competition details, award purpose)
- Check if TDS was deducted, and under which section
- Use the funds appropriately (business setup, assets)
- Maintain proper records of usage if it's claimed as business income
- Consult a CA to help classify it properly (especially if you intend to register a startup or claim any exemptions)
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