SC posts retrospective GST cases to March 2025 for final hearing; grants stay on all notices

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The Supreme Court today heard the batch of petitions along with one filed by Gameskraft challenging the imposition of GST on full face value of amounts wagered by players on online rummy, poker and skill gaming platforms.

ASG Mr. N. Venkatraman representing the tax department submitted that some matters in the batch of cases pertain to FY 2017-18 for which showcause notices will be barred by limitation if they are not adjudicated upon by February 2025. He added that although he had given a verbal assurance that no action will be taken, there has to be a formal stay recorded in the order so that the notices do not become time barred. Mr. Harish Salve, Learned Senior Counsel appearing for some of the parties also stated that stay should be granted and other counsels appearing for various parties also agreed.

The court after hearing all parties stayed all SCNs in the batch of cases until final disposal of the matters. The court also noted that the matters are ripe for final hearing and posted the matters for final disposal on 18th March, 2025.

The Supreme Court in April 2024 transferred to itself 27 writ petitions which are pending across nine State High Courts, challenging the levy of 28% GST on all forms of online real-money gaming with retrospective effect. The final hearing which was expected to be held in 2024 could not take place.

The Centre at the time had sought the transfer of the petitions from the High Courts to the Supreme Court considering all these deal with similar questions.

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