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71 Show Cause Notices Sent to Online Gaming Firms, Unveiling GST Evasion of Rs 1.12 Lakh Crore

Last updated: 06 December 2023


Finance Ministry Issues 71 Show Cause Notices to Online Gaming Companies for Alleged GST Evasion of Over Rs 1.12 Lakh Crore

In a significant development, the Finance Ministry revealed on Tuesday that as many as 71 show cause notices have been issued to online gaming companies, accusing them of GST evasion totaling over Rs 1.12 lakh crore during the financial years 2022-23 and 2023-24. The ministry's announcement sheds light on a broader trend of increased scrutiny and enforcement in the online gaming sector.

According to the finance ministry, central GST officers have detected a substantial Goods and Services Tax (GST) evasion amounting to Rs 1.51 lakh crore in the current fiscal year, with 154 individuals already arrested. Notably, a recovery of Rs 18,541 crore has been made thus far in the ongoing fiscal year, showcasing the government's commitment to tackling tax evasion.

Minister of State for Finance, Pankaj Chaudhary, provided detailed insights into the detection of GST evasion, disclosing that in the fiscal year 2022-23, evasion exceeding Rs 1.31 lakh crore was identified, leading to the arrest of 190 individuals and a recovery of Rs 33,226 crore.

71 Show Cause Notices Sent to Online Gaming Firms, Unveiling GST Evasion of Rs 1.12 Lakh Crore

The increasing focus on GST compliance and revenue recovery is evident in the comparison of GST evasion figures from previous fiscal years. In 2021-22, 2020-21, and 2019-20, GST evasion stood at Rs 73,238 crore, Rs 49,384 crore, and Rs 40,853 crore, respectively.

Responding to a question in the Rajya Sabha about tax evasion and show cause notices issued to online gaming companies, Minister Pankaj Chaudhary stated that the 71 show cause notices, involving a GST evasion amount of Rs 1,12,332 crore, are pending adjudication. The GST demand is yet to be determined under the provisions of the CGST Act, 2017.

An interesting revelation by Chaudhary is that no overseas online gaming companies have registered in the country since October 2023, underscoring the impact of regulatory measures on foreign entities.

This flurry of show cause notices to online gaming companies follows the GST Council's clarification in August that a 28% tax would be levied on the full value of bets placed on online gaming platforms. The GST Council, chaired by the Union finance minister and comprising finance ministers from all states and Union Territories, plays a pivotal role in shaping tax policies.

Online gaming companies, facing these demands, have been contesting the claims of revenue authorities in High Courts, arguing that they were paying taxes at the rate of 18% as the games played on their platforms were deemed 'games of skill'. The government has also taken a proactive step by amending the GST law, mandating overseas online gaming companies to register in India from October 1. These developments underscore the evolving regulatory landscape in the online gaming sector and the government's commitment to ensuring tax compliance and revenue integrity.

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