Google: Online betting ads: Google says it doesnt promote e-gambling platforms

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  • Thus, curiously, even the award money (i.e. winnings) which is shelled out by the gaming platform to the winners, is also counted as the “turnover” of such platform by the GST authorities and GST is required to be paid even on such amounts which do not accrue to the gaming platforms.
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  • This characterisation has been disputed by the GST authorities, who choose to characterise it as betting and gambling activity and hence taxable at 28% GST.

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Centre’s Attempts to Levy Service Tax on Lotteries

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Thus, the arguments appear to have merit that the expression “betting and gambling”, which was not defined in the GST laws should be given the same meaning (as implying games of chance) in view of the judicial exposition36 of the expression. One needs to give full play to the fact that the legislature choose to leave the expression “betting and gambling” undefined under GST, which seems to confirm the Karnataka High Court finding that the commonly understood meaning of “betting and gambling” should apply. It is in the aforesaid background that the levy of GST on online gaming activity has been challenged across various forums on a wide variety of legal grounds. Parallel to the aforesaid amendment to the GST legislations, effective from the same date, a new valuation mechanism has also been introduced — Rule 31-B — which determines the value of supply in case of online gaming to stipulate that “the total amount paid or payable to or deposited with the supplier … by or on behalf of the player” shall constitute the value of supply of online gaming.

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