The Centre Designates GST Officer to Block Websites Run by Online Gaming Companies that are Evading Taxes

The Directorate General of GST Intelligence Headquarter (DGGI-HQ) has been given authority by the Indian government to direct intermediaries to disable the websites of online gaming enterprises accused of tax evasion. The government has designated the Additional/Joint Director (Intelligence) as the nodal officer for the assignment, according to a notice published in the Ministry of Finance's gazette.

Section 14A(3) of the Integrated Goods and Services Tax Act, 2017 gives the DGGI-HQ the authority to block any "information generated, transmitted, received, or hosted in any computer resource" that an online gaming company that has not paid taxes has used. This covers businesses based outside of India.

Clause (b) of sub-section (3) of section 79 of the Information Technology Act, which imposes liability on intermediaries for failing to block or remove content upon government orders, is also cited in the notification. The material Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules' clause (d) of subrule (1), which forbids intermediaries from keeping illegal material, is also included.

The government's intention is to thwart tax-evading foreign gambling platforms by instructing intermediaries, such as search engines and social media platforms, to halt their online operations in India, according to the gazette notification.

Sector Evaded Taxes Worth INR 81,875 Crore in FY24

Earlier this year, the DGGI declared that the largest amount of GST evasion in the fiscal year 2023–2024 was caused by the online real money gaming industry. In FY24, the sector avoided paying taxes totalling INR 81,875 crore in 78 cases. The distinction between "real money online gaming" and gambling was effectively eliminated when the government raised the GST on real money online gaming from 18% to 28% earlier in 2023.

Numerous businesses received extensive tax evasion warnings dating back to prior fiscal years when the legislation went into effect on October 1, 2023. According to reports, Delta Corp received a notice of INR 16,822 crore for the period of July 2017 to March 2022, while Dream Sports received claims ranging from INR 25,000 to INR 40,000 crore.

Finance Minister Nirmala Sitharaman later disclosed that within six months of the raise, tax receipts from the sector had increased fivefold. From October 2023 to March 2024, collections increased 412% to INR 6,909 crore from INR 1,349 crore.

Government Under Strong Criticism

The industry protested the tax hike, which was a highly contentious move. In a letter to the government, more than 100 skill-gaming businesses claimed that it would "reverse the growth trajectory of the industry." According to the letter, the GST will incentivise offshore gambling operators, attract Indian customers to them, and ultimately result in neither the expansion of the legal industry nor the best possible revenue collection.

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