(c) Assumption that all online games are games of chance? In any case, it is now firmly settled that a new substantive tax liability is prospective in absence of specific retrospective legislation.33 Thus, the platform is left with INR 10, which represents its consideration for facilitating the online game. Thus, the gaming platform is in receipt of INR 200.
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If Section 15(1) is to be applied, then the online gaming platform would pay GST on this INR 10. The online gaming industry has taken objection to the application of Rule 31-A and challenged the notices by way of writ petitions before various High Courts.21 In certain cases, writ petitions have also been filed directly before the Supreme Court — seeking to invoke its extraordinary jurisdiction under Article 3222 of the Constitution — all of which will now be heard together by the Supreme Court. It is undoubtedly a game of skill and not a game of chance”.20 Nonetheless, notices have been issued by the GST authorities seeking to levy GST on online gaming activities, basis this Rule 31-A(3). The Bombay High Court has already declared against the application of Rule 31-A(3) because the provision is limited to gambling activity whereas success in online games “depends upon user’s exercise of skill based on superior knowledge, judgment and attention, and the result thereof is not dependent on the winning or losing of a particular team in the real world game on any particular day.
Online betting ads: Google says it doesn’t promote e-gambling platforms
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- Accepting the interpretation put forth by the industry, the Karnataka High Court in a detailed decision allowed the writ petitions and quashed the action of the GST authorities.14 The High Court made a critical observation that because the expression “betting and gambling” was not defined in the GST laws, it must be ascribed the prevailing judicial meaning.
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