India’s Supreme Court debates skill-based games taxation

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India’s Supreme Court debates skill-based games taxation

India’s Supreme Court debates applying a 28% Goods and Services Tax on skill-based games, noting that once money is involved, a skill-based game is fundamentally transformed into a game of chance.

According to additional Solicitor General N. Venkataraman, a skill game like chess becomes a “bet-driven” contest once money is on the line, pulling it into the gambling category and triggering the higher GST.

This move reflects the government’s firm dedication to the fact that any form of betting, regardless of the game’s underlying skill, counts as gambling and is subject to full taxation. Moreover, earlier, India’s 8th-largest state eyed legal betting and gaming.

Gaming companies strongly oppose this move

According to Senior Advocate A.M. Singhvi, the core nature of a game doesn’t change just because a wager is involved. He argued that the Supreme Court has long recognized the difference between games of skill and games of chance, suggesting that a bet doesn’t erase the strategic foundation of these games.

This high-stakes battle has significant financial implications. In January, the Supreme Court temporarily blocked GST demands totalling $13.5 billion against 50 gaming companies.

With hearings set to conclude on May 9, a final ruling is expected soon, potentially changing the iGaming taxation segment in the country.


FAQs

Is gambling legal in India?

The gambling landscape in India varies from state to state. Some states legalized gambling, while in other states it is still illegal.

What is the legal gambling age in India?

The legal gambling age in India is 21.

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