Applicability of service tax on service charge
saurabh maikap (Asst Manager-A/c) (47 Points)
23 November 2011saurabh maikap (Asst Manager-A/c) (47 Points)
23 November 2011
Sastry
(Group B)
(45 Points)
Replied 23 November 2011
I think it is game of SKILL as well as CHANCE. It is not a game of SKILL alone. If that were so, then the chance of the organiser going bankrupt is too high. On a serious note, I searched on the net and found that
The bottom line is that, though they do include an element of chance, Rummy games are predominantly games of skill.
The following are some quotes that support this position:
The United States Playing Card Company: "Although much luck is involved, the skill required far outweighs the chance factor, and Gin ranks as one of the most demanding of all card games."
GameColony: "In 1964 a Las Vegas-based Gin Rummy tournament was promoted by mailing flyers to players. The post office objected on the grounds that it was illegal to promote a 'game of chance' (a lottery) through postal services. This case ended up in court. After listening to the testimony of experts that included statisticians and several prominent players, the US District Court of Las Vegas on February 23, 1965, ruled that Gin Rummy is indeed a game of skill."
Hence, the taxman will see it as classifyable as a game of chance since there is no exclusion of skill in the definition. This has to be decided by the courts - perhaps hon'ble supreme court only - as some of the organisers will certainly take it to court.
Sastry
(Group B)
(45 Points)
Replied 23 November 2011
I further found that it is decided by Hon'ble Gujarat HC in support of your contention quoting a judgment of the Hon'ble SC. Pl see the link
https://www.indiarummy.com/rummy-a-game-of-skill-not-gambling-gujarat-high-court/
However, I am sure that the Dept. will not buy the judgmnet sine it does not appear to have been given in the context of levy of ST.
saurabh maikap
(Asst Manager-A/c)
(47 Points)
Replied 24 November 2011
ok all said and done.. my querry has not yet been addressed ..