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Gameskraft GST matter to be tentatively listed on December 15 as per Supreme Court website
The revenue department appeal in Gameskraft matter will now tentatively be heard on December 15, 2023 by a bench headed by Chief Justice of India (CJI) as per the Supreme Court website. We earlier reported that the scheduled hearing on October 10 could not take place due to constitutional bench matters in which CJI is also a part. The matter which was initially postponed
for October 31, 2023, has been postponed once again with a new date now set for December 15, 2023, as per the Supreme Court’s automated computer-generated system for listing cases. It is worth noting that the computer-generated system earlier reflected November 20, 2023 as date of tentative listing. The Gameskraft GST matter has garnered
attention as it involves a substantial sum of Rs. 21,000 crores (approximately US$2.5 billion) show cause notice issued to the online rummy platform, Gameskraft. The Directorate General of GST Intelligence (DGGI) has been arguing for the enforcement of this notice. In the previous hearing, the DGGI
successfully obtained a stay against the Karnataka High Court’s decision to quash the
notice. Subsequently, several gaming companies across the country and casino operators in Goa and Sikkim were issued notices for the recovery of tax based on the full face value of their operations. Aggreived by the notices, gaming companies
have approached various High Courts. Currently, petitions challenging the GST notices are pending with the High Courts of Bombay, Sikkim, Gujarat, and Uttar Pradesh. As per reports, the tax department intends
to seek transfer of all pending High Court cases to the Supreme Court, which will
conclusively decide the issue of retrospective taxation and whether online skill-based games amount to gambling and betting. The crux of all these matters lie in the
interpretation of the revenue department, which contends that the online rummy platform’s activities amount to ‘gambling and betting’ under GST laws due to the option to place stakes on skill-based games. Gaming companies argue that argue that such an interpretation would be detrimental to the sector, as the tax amount in question far exceeds its overall revenues.
Goa: Govt tightens its grip over casino licensees
Operating a casino in Goa has got a bit rough, as the state government will now cancel the licence if any key managerial staff is found guilty of a criminal activity. The licence will be withdrawn only when the crime has a punishment of at least two years imprisonment under the related law(s). This means that a casino licence can be
revoked, in case the employee or any other person with high influence is convicted afterwards. Undersecretary of the home department Vivek Naik elaborated further about the matter related to operation of casinos in the region. “If a person is convicted after the licence is granted, then such licence will be cancelled
22 DECEMBER 2023
immediately, and all fees paid shall stand forfeited to the government,” Naik said, according to The Times of India. In light of the type and size of the enterprise, the
degree of the danger of money-laundering or terrorist funding, and other relevant considerations, Naik stated that the gaming commissioner or the inspection officer will have the authority to conduct inspection on premises periodically. Currently, a total of 17 casinos are operational in
the union territory. Out of these, 11 are land casinos, while six offshore ones are situated in the Mandovi River. The concerned authority will now undertake a re-inspection for all high-ranked staff. New licence applicants will also have to go through similar inspection.
Casinos under mandate to provide criminal records of its personnel Any new firm applying for a licence to operate will now have to provide criminal records of its important personnel. These include shareholders, partners, persons holding a significant or controlling interest, and senior management officials. This comes soon after the GCZMA issued a
re-inspection of offshore casinos before granting them a No Objection Certificates (NOCs). The re-inspection was for different checkpoints, and the casinos have now received their NOCs. However, casinos can expect similar inspection multiple times moving forward in the future.
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