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Judiciary

'28 % GST on online gaming companies,' SC transfers to itself all pleas pending in 9 HCs

By Jhanak Singh      06 April, 2024 01:45 PM      0 Comments
GST on online gaming companies SC transfers to itself all pleas pending in HCs

NEW DELHI: The Supreme Court on Friday transferred to itself to adjudicate upon all the pending petitions in nine High Courts challenging the imposition of 28 % Goods and Services Tax (GST) on online gaming companies. 

A bench of Chief Justice of India D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra decided to hear all the pending matters, acting upon a plea filed by the Centre seeking transfer of all 27 petitions pending in nine High Courts across the country.

"We are transferring all the pleas to this court, and would hear all the 27 petitions later on," the bench said.

Several online gaming companies including Gameskraft, Dream 11 and Games 24x7, and many others have also filed their respective appeals before the SC challenging the GST imposition.

In its 50th meeting in the GST council held in July 2023, it was decided to tax online gaming at 28% on full face value with no distinction between games of skill and chance. Similarly, casinos and horse racing were decided to be taxed at 28%. The new tax tax rate came into effect from October 1, 2023.

The online gaming companies opposed the levy of 28 % GST imposition on them, because earlier they were paying GST at the rate of 18% on gross gaming revenue (GGR) and they have got tax demands as per 28% on each bets placed.

In September, GST field officers issued notices of over Rs 1.12 lakh crore to online gaming companies for alleged tax evasion, prompting legal challenges.

Minister of State for Finance Pankaj Chaudhary stated in the Rajya Sabha that 71 show cause notices, amounting to Rs 1,12,332 crore in GST, were issued to online gaming companies during the financial years 2022-23 and 2023-24 (up to October 2023), pending adjudication.



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