The Supreme Court`s judgment delivered on May 26 upholding the constitutional validity of Rule 31A of the CGST Rules has sent tremors through India`s gaming and betting industries, but for horse racing the final bell has not yet rung. The apex court upheld the principle that GST on betting activities can be levied on the gross face value of the bet rather than merely on the operator`s commission or service fee. In taxation terms, the government has effectively chosen to tax the entire dinner plate instead of merely charging for the waiter carrying it.

The court made several sweeping observations which now form the backbone of the debate. It held that games of skill and games of chance may differ in character, but betting on either stands on the same footing for GST purposes. It further observed that “betting and gambling” cannot be narrowly interpreted as merely “betting on gambling,” and that once money is staked on an uncertain outcome, the activity assumes the character of gambling irrespective of the underlying game.

These observations have dealt a severe blow to online gaming companies which had argued that skill based activities deserve a separate tax treatment. The Supreme Court rejected that distinction in the context of wagering.

However, horse racing still occupies a separate legal enclosure, at least for now. The apex court is yet to separately hear the arguments concerning race clubs and wagering on horse racing, likely after the court vacation. That distinction is significant because horse racing has historically enjoyed recognition from the Supreme Court as a highly regulated activity involving substantial elements of skill. Unlike underground gambling dens operating behind dusty curtains and flickering tube lights, horse racing functions under statutory regulation, licensing, steward supervision, veterinary controls and government oversight.

Whether that distinction ultimately saves racing from the full force of the GST regime remains uncertain. The difficulty for race clubs is that while horse racing itself may qualify as a game of skill, the latest judgment strongly indicates that betting on even a game of skill could still amount to gambling for taxation purposes.

That means the broader principle adopted by the court for valuation of betting transactions under Rule 31A may well remain intact even if racing secures limited relief on other legal grounds. The industry now waits for the post vacation hearings with cautious optimism, though the taxman presently appears to be holding a very strong hand at the turn.