News Details- (Get Professional Updates on Whatsapp, Msg on
8285393786) More
News
Supreme Court upholds imposition of GST on lotteries, betting and gambling
PrintThe Supreme court on Thursday upheld that the Goods and Service Tax (GST) shall be imposed on the sale of lotteries, betting and gambling.
The apex court bench headed by Justice Ashok Bhushan upheld the notification issued under the Central Goods and Services Tax Act, 2017 wherein the lottery and gambling have been brought under the GST.
The bench also comprising Justices R Subhash Reddy and MR Shah dismissed the plea filed by Skill Loto solutions which sought to declare the levy of GST on lottery as discriminatory and in violation to the provisions of the constitution of India.
The order was passed in a batch of pleas filed by various lottery dealers including Skill Lotto Solution, a lottery dealer, which argued that Central government had wrongfully classified lottery as “goods".
The plea added that the lottery are pieces of paper and devoid of any value.
The 87 page judgment the top court was reserved on 4 November after an extensive hearing by a three judge bench.
The petitioners highlighted the alleged discriminatory practice wherein there is an imposition of 12% GST on lotteries sold within the same State and 28% GST for sale of tickets from other States.
The judgment observed in details, “When Act, 2017 defines the goods to include actionable claims and included only three categories of actionable claims, i.e., lottery, betting and gambling for purposes of levy of GST, it cannot be said that there was no rationale for including these three actionable claims for tax purposes. Regulation including taxation in one or other form on the activities namely lottery, betting and gambling has been in existence since last several decades.
When the parliament has included above three for purpose of imposing GST and not taxed other actionable claims, it cannot be said that there is no rationale or reason for taxing above three and leaving others."
The apex court bench headed by Justice Ashok Bhushan upheld the notification issued under the Central Goods and Services Tax Act, 2017 wherein the lottery and gambling have been brought under the GST.
The bench also comprising Justices R Subhash Reddy and MR Shah dismissed the plea filed by Skill Loto solutions which sought to declare the levy of GST on lottery as discriminatory and in violation to the provisions of the constitution of India.
The order was passed in a batch of pleas filed by various lottery dealers including Skill Lotto Solution, a lottery dealer, which argued that Central government had wrongfully classified lottery as “goods".
The plea added that the lottery are pieces of paper and devoid of any value.
The 87 page judgment the top court was reserved on 4 November after an extensive hearing by a three judge bench.
The petitioners highlighted the alleged discriminatory practice wherein there is an imposition of 12% GST on lotteries sold within the same State and 28% GST for sale of tickets from other States.
The judgment observed in details, “When Act, 2017 defines the goods to include actionable claims and included only three categories of actionable claims, i.e., lottery, betting and gambling for purposes of levy of GST, it cannot be said that there was no rationale for including these three actionable claims for tax purposes. Regulation including taxation in one or other form on the activities namely lottery, betting and gambling has been in existence since last several decades.
When the parliament has included above three for purpose of imposing GST and not taxed other actionable claims, it cannot be said that there is no rationale or reason for taxing above three and leaving others."
Category : GST | Comments : 0 | Hits : 687
Get Free Daily Updates Via e-Mail on Income Tax, Service tax, Excise and Corporate law
Search News
News By Categories More Categories
- Income Tax Dept serves notices to salaried individuals for documentary proof to claim exemptions
- Bank Branch Audit 2021 - Update on allotment of Branches
- Bank Branch Audit 2020 Updates
- Bank Branch Audit 2021 Updates
- Bank Branch Audit 2020 - Update on Allotment of Branches
- Police Atrocities towards CA in Faridabad - Its Time to be Unite
- Bank Branch Statutory Audit Updates 2019
- Bank Branch Statutory Audit Updates
- Bank Branch Audit 2022 Updates
- Bank Branch Statutory Audit Updates
- NFRA Imposes Monetary penalty of Rs 1 Crore on M/s Dhiraj & Dheeraj
- ICAI notifies earlier announced CA exam dates despite pending legal challenge before SC
- NFRA debars Auditors, imposes Rs 50 lakh penalties for lapses in Brightcom, CMIL cases
- GST Important Update - Enhancement in the GST Portal
- NFRA Slaps Rs 5 lakh Penalty on Audit Firm for lapses in Vikas WSP Audit Case
- CBDT extends due date for filing Form 10A/10AB upto 30th June, 2024
- RBI comes out with FEMA regulations for direct listing on international exchange
- RBI directs payment firms to track high-value, fishy transactions during elections
- NCLT orders insolvency proceedings against Subhash Chandra
- Income Tax dept starts drive to dispose of appeals, 0.54 million at last count
- Payment of MCA fees –electronic mode-regarding
- Budget '11-12' Parliament Completes Approval Exercise
- Satyam restrained from operating its accounts
- ICICI a foreign firm, subject to FDI norms: Govt
- Maha expects Rs 15 crore entertainment tax revenue from IPL
- CAG blames PMO for not acting against Kalmadi
- No service tax on visa facilitators: CBEC
- Provision of 15-minutes reading and planning time allowance to the candidates of Chartered Accountants Examinations
- Companies Bill to be taken up in Monsoon Session
- File Service Tax Return in time as Maximum Penalty increased 10 times to Rs. 20000
Comments