• Online gaming money earned and transferred to bank in eur currency to bank

Hello sir
 I have played online in leovegas.com and earned nearly 60000 during Aug 2019 and transfer to my bank with Swiss code and the bank in asking now how I got the money and asking me to send print outs with written letter that I receive the money from. online gaming.can u do what they asked for is it legal or not
Asked 4 years ago in Business Law

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21 Answers

Yes they can ask from where and which transactions bank has receive money. So if you have from of that trnascation than kindly show max to max govt can deduct 33% tax on it.

Ganesh Kadam
Advocate, Pune
12926 Answers
254 Consultations

4.9 on 5.0

You have to disclose source of funds remitted from abroad 

 

2) you have to pay income tax on your winnings 

 

3) 

Section 115BB of the Income Tax Act lays down the rate of tax for winnings of any lottery, card games, horse-race, crossword puzzle or any other gambling or betting activity to be thirty per cent (30%).

 any winnings remitted in Indian bank account though illegal could still be taxed at the rate of 30% under the Income Tax Act.

4) iif gambling winnings are remitted in India from abroad, one could face penalties of up to thrice the remitted amount under Section 13 of the Foreign Exchange Management Act (FEMA) .

Ajay Sethi
Advocate, Mumbai
94684 Answers
7525 Consultations

5.0 on 5.0

You will always have to show a proof of your earnings if asked by the bank., kindly  show them the letter  and as it being a overseas transaction, kindly consult your CA to  file tax which will be around 30% of your winning amount. 

Archit Vasudeva
Advocate, New Delhi
260 Answers
2 Consultations

5.0 on 5.0

If you have not wager any money and only win the amount in gaming than no offense.

Means, win the price through online gaming without any betting amount.

Yogendra Singh Rajawat
Advocate, Jaipur
22623 Answers
31 Consultations

4.4 on 5.0

1. Yes .... the Bank can demand evidence about the source of incoming money, under the PMLA & FERA laws.  This is to determine terrorist /drug /illegal money laundering etc.... and Banks have to report it to Law Enforcement Agencies as a protocol.

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Ask them under which provision they are seeking the said information. Before knowing the legal provision don't provide any information

Prashant Nayak
Advocate, Mumbai
31914 Answers
179 Consultations

4.1 on 5.0

1. See you may ask bank under what act they are seeking these information, state that you have earned money legally and shall pay applicable income tax for same.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

Hii

Greetings of the day.

Hey if you have mentioned or not to your bank about your occupation and if suddenly recived money is legally bound to give clearification to the bank.

All te best

Rita Rajput
Advocate, Thane
189 Answers
2 Consultations

Not rated

Dear Sir/Madam,

The online game is not permitted and you are suggested to take adequate precautions/permissions. 

Ganesh Singh
Advocate, New Delhi
6757 Answers
16 Consultations

4.5 on 5.0

Any  unauthorized foreign remittance is liable for confiscation . 

So unless and until you satisfy the bank that you earned this money out of playing game, this money can not be released to you apart imposing penalty.

So ask for a clarification from the gaming site and forward the same to your bank.

Devajyoti Barman
Advocate, Kolkata
22815 Answers
488 Consultations

5.0 on 5.0

Hello, 

Yes they can ask for the same and you have to declare the source of the said income from foreign bank. 

 

Regards 

Anilesh Tewari
Advocate, New Delhi
18078 Answers
377 Consultations

5.0 on 5.0

It depends on the terms & conditions of the on line lottery, if they permit the citizen of other country to play the same and how and in what manner they transfer the amount in your bank, Is the online gaming legal and what documents will they provide to you.Firstly, you get the documents from the on line gaming and only after going through the same, proper opinion can be given.

Rajinder Goyal
Advocate, Chandigarh
111 Answers
1 Consultation

5.0 on 5.0

- Online gambling in India are regulated under the IT Act, 2000 , and this act prohibits online gambling activities and prescribes a punishment for persons indulging in such activities, and would be fined Indian Rupees 100,000 or would receive imprisonment of up to 5 years.

- Except Maharashtra, there are no laws which clearly state it is illegal for an Indian resident to gamble online.

- Further , as per the Foreign Exchange Management Act (FEMA) , which was introduced to India in 1999 to govern the exchange of foreign currencies. Depositing to a gambling site in a currency other than rupees could be considered an exchange of foreign currencies.

- Hence at the time transfer the earned amount , you have to submit details , and to pay the taxes to the tune of 30 percent of the earned amount . 

Mohammed Shahzad
Advocate, Delhi
13206 Answers
197 Consultations

5.0 on 5.0

It is legal to receive money, its just that you need to be accurate over the taxing issues...

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

4.8 on 5.0

Playing a game located outside of India is legal and you may earn and keep it after paying taxes. Inform the bank by stating what and how you got it.

Rahul Mishra
Advocate, Lucknow
14088 Answers
65 Consultations

5.0 on 5.0

1. "Game of chance'' is illegal within the sweep of The Public Gambling Act, 1867, but the Supreme Court has held that a "game of skill" does not fall within the mischief of the term gambling or gaming under The Public Gambling Act, 1867.

2. ‘Game of Skill’ means a game which can played or won only if the person playing have proper expertise in such game and with the element of skill. Supreme court has in many judgments held that offering games of skill shall be a fundamental right of a person under the Indian constitution. The court has held that any game which involves substantial and preponderant degree of skill, such game shall fall within the meaning of Game of Skill.

3. You can respond to the bank in writing through your lawyer to state that it is a game of skill, not a game of chance.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Submit receipt of payment from lottery .

Matter may be legally approved. 

Ramesh Pandey
Advocate, Mumbai
2541 Answers
8 Consultations

5.0 on 5.0

The details of amount deposited from foreign Bank into your bank account has to be disclosed.

The foreign remittances needs explanation under provisions of IT Act & FEMA Rules, failing which you are liable to face consequences.

If source is not explained with proofs, you are liable to pay file (fine could be 3 times of your winning amount) and face prosecution.

Better take the help of Advocate / Chartered Accountant who deals in foreign exchange and reply to the your Bank giving details of the transfer of funds.

S Srinivasa Prasad
Advocate, Hyderabad
2876 Answers
9 Consultations

5.0 on 5.0

The Leo Vegas has one of the features which has informed to its customers which is reproduced below:

With our Indian casino being open around-the-clock, it's only fair that the customer service team is available day and night. Our agents can provide confidential assistance, payment processing, support and anything else you need, whenever you need it. Just get in touch by phone, email or live chat for immediate and helpful assistance.

If you need help in controlling your gaming activity, you can make reference to LeoSafePlay.com. Over at LeoSafePlay, we’re committed to helping you minimise the risks associated with gambling by means of our self-assessment test and activity-restricting tools. Check out the FAQ section on LeoSafePlay to find out more!.

Since your bank is insisting on some authenticity about the money transferred to your account, you may contact the helpline/customer care  of the said casino and obtain a copy of the said transfer. 

In fact the transfer details provided by the transferor at the time of transfer should suffice the requirement.

If you have not paid the taxes that are due  and to be paid out of such income earned, you may comply with the statutory requirements accordingly first and then try to produce the details 

T Kalaiselvan
Advocate, Vellore
84885 Answers
2189 Consultations

5.0 on 5.0

1. Yes it is legal as this was the source from you recieved the money. 

2. If you hide this information then bank can send your account details to Anti money laundering cell of Govt. And ED can initiate inquiry against you. 

Mohit Kapoor
Advocate, Rohtak
10687 Answers
7 Consultations

5.0 on 5.0

Taxation rules on lottery earnings Under Section 194B of the Income Tax Act, if any winner from India wins an amount exceeding Rs. 10,000, the amount will be credited to the account of the winner post payment of 30.9 percent tax deducted at source (TDS).

so You have to give details to the bank. 

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

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