SC upholds 28% GST levy on online gaming firms, analysts say ‘retrospective liability too high amid ban on money games’

In a judgment with profound implications for the gaming industry, the Supreme Court on Wednesday upheld the constitutional validity of the Centre’s retrospective levy of 28% Goods and Services Tax (GST) on the full face value of bets placed on online gaming platforms, instead of gross gaming revenue alone.

A bench comprising Justices J.B. Pardiwala and R. Mahadevan ruled that online gaming activities involving monetary stakes give rise to actionable claims and constitute taxable supplies under the Central Goods and Services Tax Act, 2017.

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