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Core Purpose

Central Goods and Services Tax (Third Amendment) Rules, 2023, inserting Rules 31B and 31C into the CGST Rules, 2017 to define the taxable value of supply for online money gaming and casino actionable claims.

Detailed Summary

This notification of the Ministry of Finance, Department of Revenue, Central Board of Indirect Taxes and Customs (Notification No. 45/2023-Central Tax, G.S.R. 657(E), F. No. CBIC-20/2/2023-GST, dated 6th September 2023), issued under Section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017) on the recommendations of the GST Council, promulgates the "Central Goods and Services Tax (Third Amendment) Rules, 2023," to take effect from a date to be separately notified. The amendment inserts new Rules 31B and 31C into the Central Goods and Services Tax Rules, 2017 after Rule 31A: Rule 31B fixes the value of supply of online gaming, including online money gaming, as the total amount paid, payable or deposited with the supplier by or on behalf of the player (including in virtual digital assets), with refunded amounts not deductible from that value; Rule 31C fixes the value of supply of actionable claims in a casino as the total amount paid for tokens, chips, coins or tickets or for participation in an event, similarly with refunds non-deductible; an Explanation to both rules clarifies that winnings reused for further play without withdrawal are not counted as amounts paid by the player. The notification was signed by Raghavendra Pal Singh, Director, and notes that the principal rules (notified vide No. 3/2017-Central Tax, G.S.R. 610(E), dated 19th June 2017) were last amended vide Notification No. 38/2023-Central Tax, G.S.R. 590(E), dated 4th August 2023.

Full Text

EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 516] NEW DEL HI, WEDNESDAY , SEPTEMBER 6, 2023/ BHADRA 15, 194 5 CG-DL-E-06092023-248601 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ) NOTIFICATION New Delhi, the 6th September , 2023 No. 45/2023 – Central Tax G.S.R . 657(E).—In exercise of the powers conferred by section 164 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following rules further to amend the Central Goods and Se rvices Tax Rules, 2017, namely: — 1. Short title and commencement. —(1) These rules may be called the Central Goods and Services Tax (Third Amendment) Rules, 2023. (2) They shall come into force on such date as the Central Government may, by notification i n the Official Gazette, appoint . 2. In the Central Goods and Services Tax Rules, 2017, after rule 31A , the following rule s shall be inserted, namely: - “31B. Value of supply in case of online gaming including online money gaming. – Notwithstanding anything contained in this chapter, the value of supply of online gaming, including supply of actionable claims involved in online money gaming, shall be the total amount paid or payable to or deposited with the supplier by way of money or money’s worth, i ncluding virtual digital assets, by or on behalf of the player: Provided that any amount returned or refunded by the supplier to the player for any reasons whatsoever, including player not using the amount paid or deposited with the supplier for participa ting in any event, shall not be deductible from the value of supply of online money gaming. 31C. Value of supply of actionable claims in case of casino. – Notwithstanding anything contained in this chapter, the value of supply of actionable claims in casi no shall be the total amount paid or payable by or on behalf of the player for – (i) purchase of the tokens, chips, coins or tickets, by whatever name called, for use in casino; or (ii) participating in any event, including game, scheme, competition or any other activity or process, in the casino, in cases where the token, chips, coins or tickets, by whatever name called, are not required: Provided that any amount returned or refunded by the casino to the player on return of token, coins, chips, or ticket s, as the case may be, or otherwise, shall not be deductible from the value of the supply of actionable claims in casino. Explanation. - For the purpose of rule 31B and rule 31C, any amount received by the player by winning any event, including game, schem e, competition or any other activity or process, which is used for playing by the said player in a further event without withdrawing, shall not be considered as the amount paid to or deposited with the supplier by or on behalf of the said player.” [F. No . CBIC -20/2/2023 -GST] RAGHAVENDRA PAL SINGH , Director Note: The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide notification number 3/2017 -Central Tax, dated the 19th June, 2017, published, vide number G.S.R. 610(E), dated the 19th June, 2017 and were last amended, vide notification No. 38/2023 -Central Tax, dated the 4th August 2023, vide number G.S.R. 590 (E), dated the 4th August 2023. Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delh i-110054.

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