The Supreme Court has delivered a landmark dual ruling, upholding the constitutional validity of a retrospective 28% GST levy on online gaming platforms and affirming State laws that prohibit real-money gaming. This decision, based on the principle that betting is 'res extra commercium', has major implications for the regulatory and fiscal landscape of India's online gaming industry, potentially leading to insolvencies and challenging the 2025 Act.
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1-Minute Revision
- ›GST Rate Upheld: 28% on full stake value
- ›Key Constitutional Entry: Entry 34, List II (State List)
- ›Target this Data: 28% GST on full stake value, effective Oct 1, 2023.
- ›Target this Nodal Body: GST Council, Directorate General of GST Intelligence (DGGI).
- ›Target this Legal Point: Entry 34 of List II (State List) for 'Betting and gambling'.
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