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A game of skill is not gambling

Gameskraft Technologies Private Limited

Vs

Directorate General of Goods Services Tax Intelligence

Writ Petition No. 19570 of 2022 C/W, Writ Petition Nos. 22010 of 2021, 18304 of 2022, 19561 of 2022, 20119 of 2022 and 20120 of 2022 dated 11-05-2023],

Games of skill is outside the scope of the term “supply” in view of Section 7(2) of the CGST Act, 2017 read with Schedule III of the Act. In this judgment, it was also held that Rummy whether played with stakes or without stakes is not gambling.

  • A game of skill whether played with stakes or without stakes is not gambling;
  • A game of mixed chance and skill is gambling, if it is substantially and preponderantly a game of chance and not of skill;
  • A game of mixed chance and skill is not gambling, if it is substantially and preponderantly a game of skill and not of chance;
  • Rummy whether played with stakes or without stakes is not gambling;
  • Entry 6 in Schedule III to the CGST Act taking actionable claims out of the purview of supply of goods or services would clearly apply to games of skill and only games of chance such as lottery, betting and gambling would be taxable.

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