ITAT Bengaluru backs net-profit tax treatment in Gameskraft player’s ₹2.33 crore winnings case

The tribunal reportedly overturned a tax demand on a player using Gameskraft platforms, finding that real-money online gaming income should be assessed on net profit rather than gross wallet winnings. The case cited ₹2.33 crore in gross winnings against ₹2.61 crore in buy-ins, resulting in a net loss.

— Source publishedSat, 5 Sept, 2026, 14:19 IST·First seen Sat, 5 Sept, 2026, 14:24 IST·Source Mint · Money

What happened

Gameskraft Technologies Pvt. Ltd. · ITAT Bengaluru overturned a tax demand on a Gameskraft-platform player, holding that online real-money gaming should be

Key facts

  • ₹2.33 crore gross online gaming winnings
  • ₹2.61 crore total buy-in
  • ₹27.99 lakh net loss
  • ₹4.32 lakh reported income
  • 10% gaming commission
  • AY 2022-23
  • March 15, 2022
  • July 23, 2026

Why this matters

Gaming platforms may gain a stronger tax-policy narrative for user acquisition and partnerships, but should avoid assuming nationwide precedent until the ruling’s legal reach is clearer.

What to watch

  • Whether the Income Tax Department appeals the ITAT Bengaluru ruling and obtains a stay or contrary High Court decision.
  • CBDT clarification on deduction of entry fees/buy-ins, treatment of losses, and interaction with section 194BA TDS rules.
  • Additional ITAT or High Court decisions involving online gaming wallet credits and annual netting of winnings against stakes.
  • Changes in platform reporting formats, player tax certificates, or dispute volumes following the ruling.
  • Any policy linkage between income-tax treatment and the separate 28% GST regime on online gaming deposits.
  • Gameskraft and peers may provide clearer annual net-win, buy-in, withdrawal, and TDS statements to support player tax filings.
  • Gaming operators may use the order in representations seeking standardized netting rules across income tax, TDS, and reporting requirements.
  • Tax advisors may encourage affected players to contest gross-winnings assessments where documented buy-ins exceed winnings.
  • Platforms may increase audit trails and wallet segregation to prove that recycled deposits and stakes are not income.