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Save Racing From Dying, Turf Clubs Appeal To Govt

By Turf News | 28-Feb-2019
Shailendra Awasthi | TOI
 
The Turf Authorities of India (TAI), an umbrella organisation of six race clubs in the country, has appealed to the government to save the racing industry from dying due to unfair and high Goods and Services Tax (GST) of 28 % imposed on it.
 
A representation was made by the TAI to the Finance Minister Piyush Goel on February 14 wherein the TAI expressed its concerns about the adverse impact of 28% GST and have put forward its objections to various entries in the GST notifications and have requested for their removal.
 
The body said the GST on betting should be computed on commission and not on total amount wagered by the racegoer. Stating that the Supreme Court, in one of its decisions, had said that horseracing is a ‘Game of skill’ where the winning depends predominantly on skill and does not amount to gambling, therefore it qualifies as Services and not as Goods as wrongly mentioned in the GST notification.
 
TAI also stated that the total amount wagered is not the income of the club and is liable to be paid back to the winners in the form of dividends. The commission on the wager is retained by the club and it should constitute the taxable income under GST as the services offered by the race clubs are similar to a stock broker or forex dealers.
 
A comparison of collections before and after GST era to support TAI’s claim that a 28 % GST has badly hit collections at the clubs which in turn has hurt the revenue generated by the government as the racegoer is now betting illegally to save high GST, was also placed. According to TAI, in the pre-GST era, the collections during 2014-15, 2015-16 and 2016-17 was Rs 3274cr, Rs 3611cr and Rs 3954cr respectively. For the given period the applicable taxes were Rs 252cr, Rs 278cr and Rs 305cr respectively.
 
The above when compared with the transitional period of 2017-18 shows a collection of Rs. 2219cr with applicable taxes amount to just Rs 186cr. Also TAI has contended that assuming 28% GST, the period 2018-19, 2019-20 and 2020-21 will show a collections of Rs 1917cr, Rs 1438cr and Rs 1078cr. Applicable taxes for the same period will be Rs 419cr, Rs 315cr and Rs 236cr respectively. It clearly shows the losses due to high GST.
 
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11 Replies

Mp Reddy said ...

04-Mar-2019

No Doubt 28 percent of GST is killing racing industry as well as the enthusiasm,exitment&interest of punters in the skilled sport.Bookis presence is necessary in racing.Genarally owners put their bettings in lakhs.If bookies don’t opparate with whome they place the bets.For their survival bookies are necessary.They are investing lakhs on the animals:I need not say if owners place their bets in lakhs in totes what happens.they don’t pay GST at bookies .Every thing is unacceptable.If GST is 28or48 percent makes no difference to them.the difference makes the punters.As one of the top political partiy leader suggested , the maximum GST must be brought down to 18 percent Better if the Government change the GST 10 or 12 percent its well and good otherwise the courts may direct the Government to do so.”

Gururaj Kulkarni said ...

03-Mar-2019

llready bookies are looting to govt . gst tobe made 30%

Raghavan said ...

02-Mar-2019

First let the punters and turf club learn to obey the Government Laws.  Let the turf clubs charge 28% tax plus club commission on all bets with the bookies and then come with request to reconsider the GST slab.

It amuses me.  For what grand purpose they are bringing such a request?  The betting tax is only 10% now.  And it was 10% before GST was introduced!

It is a pity that all revenue departments are manned by corrupt people.   Mumbai police dealt a body blow to bookies.  And, Mumbai walahs have to bet at only tote now.  Hail Mumbai police!  Such police officers should be posted in all racing cities!  

Iim Blue said ...

01-Mar-2019

No relief will come from the Finance Minister. In any case the tax collection is so miniscule that,  it will not cut ice with the ministry. If the Clubs are serious , they should approach the Courts. 

Of course,  they will not go to the Court. 'Game of Skill"" --- that was the hope of the previous judgement. With what face they will stand in the court and claim that it remains a game of skill ?.Things have deteriorated drastically over the years.

Nor the clubs are bothered over illegal betting and half tax betting. No doubt they have lost the plot and the game.

Venkat said ...

01-Mar-2019

I have a different take on GST which I have enunciated in different threads. There is no doubt that the rate at 28% is penal and punishing and thereby nearly destroying the fabric of racing and significantly endangering scores of people from making a living.

According to me, a pool is made of punters investment  and the wins are shared among the winners after deucting the Club's service charges of providing the pool facility and this GST. There are two questions of law which the body of turf clubs ought to have agitated in a court of law.

Firstly, since it is the punting class that make the pool, it is in the nature of an association and thus the concept of mutuality of interest ought to prevail.Secondly, there is no rational classification of the rate of tax imposed at the highest slab.

If the club can establish mutuality of interest then the tax cannot be imposed as one cannot tax oneself. Its a legal concept which can be used to test the vires of the GST imposed. 

I doubt making a mere representation to the Government will yield any result. No Government is going to give up any tax imposed without a fight. If there are any lawyers who are also punters and contribute to this forum, they can offer their suggestions which then can be forwarded to the Clubs to file a writ under Article 226 of the Constitution.

Cheers

Nawab said ...

28-Feb-2019

The issue raised by TAI is a fact.The applicable GST  @28 on horse racing is a slow poison,damaging entire system in horse racing.But in this forum of HT replies to this topic are not relevent,let us stop cursing to race clubs of the country.It is well said that A BAD MAN IS BETTER THAN THE BAD NAME 

Vinit said ...

28-Feb-2019

There is zero tax on Punters in UK.

It was 9 pc and abolished in 2001.

They have 15 pc tax on bookmakers gross margin.

Where as usa is charging tax only on winnwngs which is about 25 pc.

But overall in most.of the countries the tax is on winnimg and not on bets placed like we have here in India.

Racing is multi million induatry  and the Government ought to consider the jobs created by the Industry.

The tax ought to be on winning and not on stakes. That only can save the industry.

Shaps said ...

28-Feb-2019

GST  is not killing this sport. Nor the government.

The real people and reason killing this beautiful sport are the connections, with their crookedity.

Every race day and at all the centres, one can see this happening.

People are just grumbling regularly, that horses are not allowed to run on merit, except in few races.

This is a fact and the only reason of this sport digging it's own grave.

Rudolph.a.furtado said ...

28-Feb-2019

As a veteran of horse racing , both as a fan and later a punter  and since 2017 a "Retiree" from the sport feel sorry at the sad plight of horse racing in Mumbai.Mubai's population has increased by leaps and bounds since 1980 when i first entered Mahalaxmi racecurse for "Indian Derby - 1980" and over the decades a punter at racecourses all over the World and a few city's around the Globe.My sixth sense tells me that if "BETTING TAX" is not reduced to 10 % from the present insane 28%  the sport might become totally loss making and go the way of the textile mills.Hope i am proved wrong and the sport revives from its all-time low , both in horse ownership and punter participation and attendances.

Dexter said ...

28-Feb-2019

reply from the finance minister will be as follows,

if the horse racing is a game of skill come back with the reports of fair racing in all racing centres then the GST will be reduced.

Ramdas said ...

28-Feb-2019

the govt should think on this issue ,for reducing the tax to 10% or else the govt would loose all the money when thesport will come to an END