Supreme Court Upholds 28% GST On Online Gaming, Validates Retrospective Tax Demands

The Supreme Court upheld the levy of 28% Goods and Services Tax (GST) on online gaming companies and validated retrospective tax demands raised by authorities on earlier transactions. The ruling is expected to significantly strengthen the tax department’s case in ongoing disputes involving online gaming firms and could potentially expose the sector to an incremental GST liability running into nearly Rs 2.5 lakh crore.

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The judgment effectively endorses the government’s position that online gaming platforms are liable to pay GST at 28% on the full face value of bets placed by users, instead of paying tax only on gross gaming revenue (GGR)

or platform fees. A bench of the Supreme Court held that GST demands raised by tax authorities cannot be invalidated merely through challenges to the rules framed under the GST law.

The Court also rejected the argument that online gaming platforms function merely as intermediaries or facilitators between players. Instead, it held that such platforms supply “actionable claims”, making them taxable under the GST framework.

In its ruling, the apex court upheld provisions of the Central Goods and Services Tax (CGST) Act that empower tax authorities to levy GST on the entire value of bets placed on online gaming portals and casinos. A key issue before the Court was whether games hosted on such platforms constituted games of skill or betting and gambling activities.

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The bench observed that once money is staked on uncertain outcomes, even games involving skill take on the character of betting and gambling for GST purposes. The ruling assumes significance because several online gaming companies had challenged the retrospective applicability of the 28% GST levy on transactions before October 2023.

The gaming industry had argued that the GST framework prior to amendments introduced in September 2023 did not clearly provide for taxation at 28% on the full contest entry amount. The verdict is likely to have wide-ranging implications for India’s online gaming industry, which has faced regulatory uncertainty, tax disputes and operational disruptions over the past few years.