NEWS & EVENTS

India, a mobile-first gaming market, leads globally in mobile game downloads, with mobile gaming accounting for 77.9 percent of the industry’s revenue in the country. Before delving into the regulatory aspects, opportunities and challenges of the online gaming sector in India, it is important to understand its structure, the value chain, market segmentation, and current consumer trends in the country. The GST revenue from online gaming has increased by 412 percent, reaching INR 6,909 crore in the six months between October 2023 and March 2024.

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Prominent names in Indian sports have been endorsing companies which sound suspiciously similar to betting companies in recent months. Online betting companies have been using surrogate advertising to make their way into India’s biggest sports leagues. Without proper regulation, addressing illegal offshore betting platforms that harm users and the economy remains a massive challenge. An assessment done in South Korea found that mandatory time and monetary limits on gaming failed to reduce usage and increased identity theft, promoting shift to a voluntary system for self-imposed time and money limits.

It is the GST rate that may make or mar the game. Horse racing is governed by separate State Level Race course regulation acts and dedicated racing authorities. Our government should also have the wisdom to distinguish between pretenders and contenders—unlike, for example, former U.S.

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• (e) Goods versus services Muddling tax law and policy?.
• Online gaming is subject to GST as it is considered a supply of services.
• I reiterate online betting racing portals are under no risk.
• The BCCI is so liberal that it even allows its president Sourav Ganguly, skipper Virat Kohli, and former captain and now mentor Mahendra Singh Dhoni to endorse these brands that are the business of online betting (or gaming, as it’s popularly known).

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Reports suggest a 3,360-percent increase in the female workforce in the online gaming sector from 2018 to 2023. The online gaming sector is boosting job creation and economic development, having generated about 50,000 to 80,000 roles and expected to generate over 250,000 more direct and indirect jobs in the next decade. Reports indicate that vlbook FDI in the online gaming sector exceeds US$2.7 billion (approx. INR 22,680 crore) in the country. Unlike the global market, India’s online gaming sector focuses on domestic needs and preferences due to high domestic consumption. This report provides an overview of the online gaming sector, discusses the concerns and opportunities, and assesses the role of regulation in promoting the growth of the sector. Despite its popularity among current users, online gaming faces certain stigmas in India that impact public opinion, investments, growth, talent development, and innovation.

The ingenuity of lawyers knows no bounds; hence, multitudes of other legal grounds cannot be ruled out. Hence, amount received by the platform as a Custodian (which is obviously in a contractual and fiduciary capacity) to be passed on to the winner of the game, cannot be considered consideration for supply by the platform. To appreciate this aspect better, the illustration of banking services is appropriate. Thus, for example, the amount passed on by the supplier on behalf of the recipient to a third person is not included in determining the taxable value; which aspect is instituted in the GST regime as well under the concept of “pure agent”48. In any given case, as Section 15(1) of the CGST Act also propagates, in a free-market economy the consumption of services is measured by the amount received by the supplier from an unrelated recipient. — An essential facet of GST is a tax on consumption, being positioned as a destination-based consumption tax.47 Hence, the tax should be commensurate to the consumption.

Do you’ll think that the government can implement this against a billion dollar industry, and can they afford the loss in revenue, in terms of taxes? It is a sport which also allows online betting. Firstly, Horse Racing is not online gaming. Traditionally, the court allowed betting on horse racing, especially at licensed racecourses. Traditional, offline racecourse betting — the kind that happens face-to-face at horse racing events — is not directly banned by this law. While it is contended that around 1,000 people have died by suicide due to online betting, this number should be seen in the context of a population of 150 crore.