Tax officers have detected violation of GST law by offshore entities offering online betting and gambling platforms to Indian residents through mobile apps and are working on ways to tackle such mode of tax evasion, a source said.

As per the prescribed procedure, all offshore entities providing services in India are required to register as supplier of OIDAR (Online Information Database Access and Retrieval) services under the Goods and Services Tax (GST) law.

“Although several overseas educational bodies offering online courses in India are registered as OIDAR, the entities providing online gaming, betting ad gambling platforms are not registered under GST. We are pursuing such cases and hope to bring them under the GST net,” the source told PTI.

The source said since these companies are collecting funds and offering services in the country, they are liable to pay GST. However, as these entities do not have a permanent establishment or a physical presence in India, it is difficult to serve notices to them.

“Several of these companies frequently change their bank accounts maintained overseas and hence tracing them is a problem. We are trying to bring such platforms in the tax net,” the source said.

Also, the Foreign Exchange Management Act (FEMA) prohibits outward remittances for betting and gambling and such activities can be probed by the Enforcement Directorate.

Besides, the Enforcement Directorate has attached proceeds of crime of more than Rs 1,000 crore in several cases related to cyber and crypto frauds wherein online gaming etc have been used for siphoning the proceeds.

The online gaming sector will follow self regulation model and will initially notify three self-regulatory organisations (SROs) that will approve the games that can operate in the country as per the rules.

Source: Business Standard
https://www.business-standard.com/india-news/gst-officers-find-tax-evasion-by-offshore-entities-offering-online-betting-123042400639_1.html