Distinguishing between the ‘game of skill’ and the ‘game of chance’ for conducive and growth-oriented tax regulations

With over 750 million smartphones in use, India is undergoing a significant shift from traditional physical gaming to internet and mobile-based gaming platforms. As this digital transformation unfolds, some groups have expressed concerns about allowing games involving monetary transactions to be classified as e-sports. However, for some games that involve payment, the judiciary has consistently distinguished them from gambling (regulated under The Public Gambling Act of 1867 and the Indian Penal Code, which require state licenses) by recognizing them as ‘games of skill.’