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Online gaming industry demands improved GST regulations, says ex-CBIC chief

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In a recent discussion with New Indian Express, John Joseph, the former chairman of CBIC, shared valuable insights into the evolving GST regulations affecting the online gaming industry. Stressing the importance of legal clarity, he delved into both retrospective and prospective aspects of the recent amendments, shedding light on the industry’s previous taxation methods and the significant changes introduced. Here are some highlights from the interview:

Clarification on GST for Online Gaming:

Mr. Joseph emphasized the need for the government and GST Council to provide legal certainty for the online gaming industry, investors, and employees. He highlighted the absence of retrospective application in the GST Council’s discussions and recent amendments, urging for clarificatory statements to restore legal certainty.

Impact of Retrospective Implementation:

Joseph outlined the amendments effective from October 1, 2023, introducing definitions, fixed tax rates, and changes in taxable value for online gaming. He addressed concerns about retrospective implementation, emphasizing potential adverse effects on companies and the need for the government to uphold legal certainty.

Previous Taxation Practices:

Explaining previous practices, Joseph highlighted that online money gaming lacked an explicit definition, certain actionable claims were exempt, and online gaming fell under the OIDAR category, attracting 18% GST on platform fees. Post-amendment, the entire deposit is taxed at 28%, significantly impacting the industry.

Assessment of the Impact:

Joseph assessed the impact of amendments, acknowledging the increased tax burden on online gaming companies. While recognizing legal certainty post-amendment, he suggested that a clarification on the prospective applicability of the amendment would be crucial for the industry and revenue department to meet their goals. He also urged a review of the decision’s economic impact and consideration of potential revisions in due course.

Source: Online gaming industry needs enhanced GST regulations – former CBIC chief