These activities are in the nature of “Actionable Claim” which is part of the definition of “Goods” under section 2(52) of the CGST Act 2017 and are taxable because of the exclusion in terms of Clause 6 of Schedule-III of the CGST Act 2017. Henceforth, a uniform GST rate of 28% advelorem shall apply to online gaming, casinos, and horse racing on the full-face value. The GST Council on the basis of the report submitted by the Group of Ministers, (GoM) specifically formed for this purpose, made recommendations on the imposition of GST in respect of online gaming, as well as Casinos & Horse Racing, finally putting an end to the debate over the question whether these activities are “games of skill or chance.” Now as far as GST law is concerned, there is no discrimination any more. In a very important and a long pending sensitive subject, the decision was finally taken during the 50th GST Council meeting held on 11th July 2023 which made a crucial conclusion in recommending a sketch for the Assessment of Tax liabilities under GST on the online gaming industry, casinos and the horse racing businesses.
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