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Dream 11 sports is not gambling services, It is a game of skill and not a game of chance and attract 18% GST

Shanti Prime Publication Pvt. Ltd.

Supply of service — In the instant case, the petitioner seeks directions to initiate criminal prosecution against the Company named “Dream 11 Fantasy Pvt. Ltd.”, firstly for allegedly conducting illegal operations of gambling/betting/wagering in the guise of Online Fanstasy Sports Gaming, which as per the petitioner shall attract penal provisions of Public Gambling Act, 1867, and secondly for alleged evasion of Goods & Service Tax (GST) payable by it by violating the provisions of Goods and Service Tax Act and the Rule 31A of CGST Rules, 2018.

Held that—In respect of the first issue, after considering the very same activities of the respondent at considerable length, it has already been held by the Punjab and Haryana High Court that the activities performed by the respondent No.3 do not amount to ‘gambling’, even as per the Public Gambling Act, 1867.

The Punjab and Haryana High Court has categorically held that these are games of skill and not games of chance.

Since the Online Fantasy Sports Gaming of respondent No.3 are not gambling services, the respondent No. 3 is not in error in paying GST under this entry for its on-line gaming activities, by paying applicable GST @ 18%.

No case for issuing any directions is made out. It is seen that the entire case of the Petitioner is wholly untenable, misconceived and without any merit. It can be seen that success in Dream 11’s fantasy sports depends upon user’s exercise of skill based on superior knowledge, judgment and attention, and the result thereof is not dependent on the winning or losing of a particular team in the real world game on any particular day. It is undoubtedly a game of skill and not a game of chance. — Gurdeep Singh Sachar Vs. Union of India, Through Ministry of Finance Department of Revenue [2019] 11 TAXLOK.COM 082 (Bombay)

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