Online gaming and gambling stand at loggerheads on GST
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There is a need to examine the legal status of games of skill and gambling on online platforms.
The Constitutional Courts have extended their judicial approval of games of skill even when offered and played on online platforms. The question is whether it is legally correct for the Group of Ministers to recommend to the GST Council for clubbing online skill based games offered with other activities of gambling for taxation. It is a violation of Article 14 of the Constitution of India. It also violates the principle that ‘equals are to be treated equally and unequals treated unequally’ The argument that the distinction between horse racing, casinos and online gaming is irrelevant for purposes of taxation is fallacious.
The authors are practising lawyers and Partners at Neetigya Legal Consultants LLP.
