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2023 Supreme(Kar) 110

S. R. KRISHNA KUMAR
Gameskraft Technologies Private Limited – Appellant
Versus
Directorate General Of Goods Services Tax Intelligence (Headquarters) – Respondent


Advocate Appeared:
For the Appellant :SRI. DR. ABHISHEK MANU SINGVI, SENIOR COUNSEL AND SRI. UDAYA HOLLA, SENIOR COUNSEL A/W SRI. SIDDHARTHA H.M., & SRI. SUHAAN MUKERJI, SRI. NIKHIL PARIKSHITH SRI. ABHISHEK MANCHANDA & SRI. CHANDAN PRAKASH PANDEY & SRI. L. NIDHIRAM SHARMA SRI. VYASAKIRAN UPADHYA & SRI. MANJUNATH B, SRI. VARUN THOMAS MATHEW, SRI. ONKAR SHARMA, ADVOCATES
For the Respondent:SRI. N.VENKATARAMAN, A/W SRI. JEEVAN J NEERALAGI, ADVOCATE SRI. MUKUL ROHTGI, SENIOR COUNSEL A/W SRI. PRADEEP NAYAK & SMT. ANUPAMA HEBBAR, SRI. SANKEERTH VITTAL AND SRI. KARAN GUPTA, ADVOCATES FOR IMPLEADING APPLICANT ON IA 1/2022 SRI. ARAVIND DATAR AND SRI. SAJJAN POOVAYYA, A/W MISS, RAKSHA AGARWAL SRI. SAMEER SIGH AND SRI. RAVI RAGHAVAN, ADVOCARTES

ORDER :

The main question/issue that arises for consideration in these petitions is, whether offline/online games such as Rummy which are mainly/preponderantly/substantially based on skill and not on chance, whether played with/without stakes tantamount to ‘gambling or betting’ as contemplated in Entry 6 of Schedule III of the Goods and Services Act, 2017.

I. FACTUAL MATRIX

M/s.Gameskraft Technologies Pvt. Ltd., (for short ‘the GTPL’) claims to be an Online Intermediary Company incorporated in June 2017, who runs technology platforms that allow users to play skill based online games against each other. Petitioner -GTPL contends that it has over 10 lakh users from across India and is headquartered in Bangalore and registered under the Central Goods and Services Tax Act, 2017 (for short ‘ the CGST Act’) and the Karnataka Goods and Services Tax Act, 2017 (for short ‘the KGST Act’). It is contended that the said company is a legally compliant company, who has been duly filing GST returns and

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