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Sale Of Lottery Tickets Not ‘Auxiliary Service’, No Service Tax Payable: Kerala High Court

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The Kerala High Court has held that no service tax is payable on sale of lottery tickets.

The bench of Justice Mohammed Nias C.P. has declared that the sale of lottery tickets does not come within the purview of auxiliary service or taxable service as defined under Section 65 of the Finance Act, 1994, and is consequently not a taxable service within the meaning of Section 65(105) of the Finance Act, 1994.

The bench relied on the decision of the Supreme Court in the case of Union of India v. Future Gaming Solutions Pvt. Ltd. in which it was held that the service tax is not leviable on the transactions between the purchaser of the lottery tickets and the Sikkim Government and that the conduct of lottery scheme is a betting and gambling activity.

The writ petition is filed seeking a declaration that the sale of lottery tickets does not come within the purview of auxiliary service or taxable service as defined under Section 65 of the Finance Act, 1994, and is consequently not a taxable service within the meaning of Section 65(105) of the Finance Act, 1994.

It is submitted by both sides that the issue is covered against the Department by the judgment of the Honourable Supreme Court reported in Union of India v. Future Gaming Solutions Pvt. Ltd.

The court allowed the writ petition.

Case Details

Case Title: C.N.MITHRAN Versus UOI

Case No.: WP(C) NO. 11406 OF 2018

Date: 10/04/2025

Counsel For Petitioner: GEORGE POONTHOTTAM 

Counsel For Respondent: SREELAL N WARRIER

Read More: Rs 62.14 Lakh Minerals Frozen By GST Dept; ECIR Lodged In Delhi: HP High Court Declines Jurisdiction To Interfere In PMLA Arrest Order

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at Juris Hour. She has 7+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started her career as a freelance tax reporter in the leading online legal news companies.

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