Applicability of service tax on service charge

saurabh maikap (Asst Manager-A/c) (47 Points)

23 November 2011  

 

There is an interesting questions right now. Let me give the intro first.
1. Online Rummy playing for cash is legal in India
2. Online Rummy playing for cash is a game of "skill" and not chance and hence not gambling as per Supreme Court ruling.
3. The providers of such online rummy games term their commission or income as "service CHARGE"
 
Now the Questions are
1. "is Service TAX applicable on this service CHARGE"?
2. IF so then under which notification will be service tax charged?
3. IF so then under which category and code will the service tax registration have to be taken?
 
Most people are of the opinion that the same will be registered under "Promoting, Marketing & Organising of games of chance, including lottery under section 65(105)(zzzzn) dt. 01.07.2010 under Service Tax code 00440595.. but when said that Rummy is a game SKILL and not CHANCE.. no one can give any genuine reply.
Can anybody help me please?