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Blow to gaming firms as SC upholds 28% tax levy

Hindustan Times Chandigarh

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May 28, 2026

In a major setback for online gaming firms, the Supreme Court on Wednesday upheld the constitutional validity of the 28% goods and services tax (GST) levy on online gaming and rejected challenges against retrospective tax demands worth over ₹1.5 trillion.

- Yash Tiwari, Krishna Yadav & Shouvik Das

The ruling is expected to have far-reaching implications for the sector, with lawyers representing gaming firms warning of widespread insolvencies, and raising questions over the constitutional validity of a central law banning online gaming, since the verdict treats it as betting and gambling, a state subject.

The verdict, delivered by a bench of Justice J.B. Pardiwala and Justice R. Mahadevan, dismissed a batch of petitions filed by online gaming companies, casinos, turf clubs and industry bodies challenging GST notices and the legal framework governing taxation of online gaming.

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