News Karnataka
Friday, September 30 2022

Karnataka: ‘No review of letting State tax NE states’ lotteries’

SC terminates mandate of CoA to manage affairs of AIFF
Photo Credit : IANS

Bengaluru: The Supreme Court has declined to entertain a review petition by the Meghalaya government to reconsider its judgement, which declared that a state has got legislative competence to levy tax on lotteries run by other states in its territory.

A bench of Justices M.R. Shah and B.V. Nagarathna said: “Applications for listing review petitions in open court are rejected. Having carefully gone through the review petitions, the order(s) under challenge and the papers annexed therewith, we are satisfied that there is no error apparent on the face of the record, warranting reconsideration of the order(s) impugned. The Review Petitions are, accordingly, dismissed. Pending application(s) shall stand disposed of.”

The top court had passed the order on August 17.

According to the top court rules, the review petitions are considered inside the chamber of the judges on the basis of documents.

In March this year, the same bench had allowed an appeal filed by the Karnataka and Kerala against their respective high courts order, which held they have no legislative competence to tax lotteries run by northeastern states like Nagaland, Arunachal Pradesh, Meghalaya, and Sikkim and ordered them to refund the money.

The top court had noted that the subject ‘betting and gambling’ in Entry 34 of List II is a state subject. “It is now clear that ‘lotteries’ is a species of gambling activity and hence lotteries are within the ambit of ‘betting and gambling’ as appearing in Entry 34 List II,” it said.

“The division bench of the (Karnataka) high court were not right in holding that the state legislatures had no power to levy tax on lotteries conducted by the Government of India or the government of any state or Union Territory in the state of Karnataka as such a power could be read in Entry 40 or Entry 97 of List I and only the Parliament could levy such a tax.”

Both Karnataka and Kerala Government sought to rely upon the Karnataka Tax on Lotteries Act, 2004 and the Kerala Tax on Paper Lotteries, Act, 2005 to impose taxes

Share this:
Support NewsKarnataka's quality independent journalism with a small contribution.

How useful was this post?

Click on a star to rate it!

Average rating 0 / 5. Vote count: 0

No votes so far! Be the first to rate this post.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Leave a Reply

Your email address will not be published.

Visit 7Jackpots and find the best online casinos in India! Play the most popular casino games for real money!

Find the best odds at 10Cric and ipl betting 2021! Signup today and get up to a 100% deposit bonus.

To get the latest news on WhatsApp