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Online Fantasy Sports game is a ‘game of skill’ and not betting & gambling: Raj. HC

October 21, 2020[2020] 120 327 (Rajasthan)

GST : Where writ petition has been filed alleging that Dream-11 Fantasy Private Limited provides a platform to its users for playing sports and games on a virtual platform which are games of chance, thereby constituting illegal act of gambling/betting, since result of fantasy game depends on skill of participant and not sheer chance, and winning or losing of virtual team created by participant is also independent of outcome of game or event in real world, format of online fantasy game offered is a game of mere skill and their business has protection under Article 19(1)(g) of Constitution of India

• Further as regards issue as to whether Dream-11 is wrongly classifying its virtual online games under wrong entry for GST and is also violating rule 31A(3) of CGST Rules, 2018 to evade GST, it would be appropriate to leave said second issue for GST authorities to consider in accordance with law.

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