VidhiSangh

Supreme Court of India · 03/12/2020

SKILL LOTTO SOLUTIONS PVT. LTD. versus UNION OF INDIA & ORS.

[2020] 13 S.C.R. 151 · 2020 INSC 676

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Summary

The Court upheld inclusion of actionable claims within goods under the CGST Act and rejected the challenge to taxing lottery, betting and gambling while excluding other actionable claims. Lottery’s character as an actionable claim was binding precedent, and prize money could not be deducted contrary to the valuation scheme. The Article 32 petition was maintainable on its equality challenge but failed on the merits, with liberty to separately challenge the later uniform-rate notifications.

Issues

  1. Whether an Article 32 challenge based on equality was maintainable despite lottery’s res extra commercium character.
  2. Whether including actionable claims in goods exceeded Parliament’s GST power and whether lottery’s classification was binding precedent.
  3. Whether taxing lottery, betting and gambling while excluding other actionable claims was discriminatory.
  4. Whether prize money must be deducted in valuing lottery supply for GST.

Provisions considered

Held

Result

Writ petition dismissed, subject to liberty to separately challenge the notifications dated 21 February 2020/2 March 2020 imposing a uniform 28% rate.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 151.