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Tax Laws Apply to Online Betting Providers Too

• A bench comprising Justices BV Nagarathna and Satish Chandra Sharma dismissed appeals filed by the central government, which had sought to levy service tax on lottery distributors under the Finance Act.
• Furthermore, the High Court arrived at a categorical conclusion that “there is a distinct difference between games of skill and games of chance” and various online games as such were games of skill and thus were not subject to GST.
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• Per this provision, the winning amount attracts a tax at a flat rate of 30% excluding cess.

Even though the laws governing online betting in India are vague, it is possible for Indian players to bet legally and securely. Take our GST consultation services to get your issues solved from GST experts. The Supreme Court has now upheld this stance, reinforcing that lotteries are actionable claims, not goods, and are beyond the scope of service tax. Companies such as Future Gaming & Hotel Services (Private) Limited and Summit Online Trade Solutions Private Limited had challenged the Centre’s imposition of service tax and secured relief from the high court.

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In fact, upon the recommendation of the GST Council, the law was amended and a special computation mechanism for online money gaming came to be notified from October 2023. The contest is clearly going to shed intriguing insights for lawyers and law students alike, with much larger ramifications for the online gaming stakeholders. To appreciate this aspect better, the illustration of banking services is appropriate. In any given case, as Section 15(1) of the CGST Act also propagates, in a free-market economy the consumption of services is measured by the amount received by the supplier from an unrelated recipient. The legislature has sought to make the task easy by introducing a deeming fiction that identifies online gaming platforms as the supplier of specified actionable claims.45 However, this legislative scheme is not at the cost of conceptual incongruities and challenges in the scheme of GST.

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It enacts “special provision for specified actionable claims supplied by a person located outside taxable territory”. The concept of a supply-centric and destination-based tax runs through the scheme of the statutory provisions and the proposals issued by the GST Council. GST laws mark a departure from the previous policy of taxing sale/consignments and focuses on the taxing of supplies. In brief, the pendency of the dispute has created externalities which has not just created anxiety amongst the industry players but also cast ominous clouds on the very survival of this sunrise sector.