SC to Rule on 28% GST for Online Gaming in India on April 2

Supreme Court’s Decisive Hearing on GST for Online Gaming in India

The Supreme Court of India is set to conduct a landmark hearing on the Goods and Services Tax (GST) implications for the online gaming industry on April 2. This hearing is a crucial juncture for several online gaming companies challenging the retrospective tax imposition.

Contentious Tax Ambiguity to be Addressed

At the heart of this legal battle is the ambiguity surrounding the taxation of online money gaming. The upcoming hearing aims to bring clarity to whether online gaming activities are categorized as games of skill or chance and how they fit within the framework of betting and gambling for tax purposes.

Stakeholders and Legal Representation

Notable petitioners include industry players like Games 24×7, Head Digital Works, and the Esports Gamers Federation (EGF). Senior advocate Harish Salve will represent the online gaming companies, while additional solicitor general N. Venkatraman will appear for the GST department and the Union of India.

Supreme Court’s Procedural Approach

The court has served notices to over 99 companies and directed the central government to file a counter affidavit within two weeks. Despite requests from petitioners for a stay on the tax notices, the court has not granted this request.

Preparation for the Final Hearing

The apex court has appointed representatives for both the plaintiffs and defendants. These representatives are tasked with compiling all relevant materials, including legal documents and prior case references. They must submit their written statements electronically at least a week before the final hearing, ensuring an organized and comprehensive presentation of arguments.

Implications for India’s Online Gaming Sector

This hearing is pivotal for India’s burgeoning online gaming industry, as the Supreme Court’s decision will significantly impact how these platforms are taxed and regulated. The outcome is eagerly awaited by gaming companies, legal experts, and stakeholders, marking a significant moment in the legal landscape of online gaming in India.