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No Service tax on schooling arrangement

Subodh Sharma
Service tax on schooling arrangements may arise when access or occupation of immovable property is permitted for consideration. Whether schooling arrangements attract service tax is considered against Section 66B's charging provision and definition of 'service' in Section 65B(44). Renting of immovable property is a declared service under Section 66E and Section 65B(41) defines 'renting' broadly to include permitting access, occupation or use; accordingly, schooling arrangements that involve permitting use or occupation of immovable property for consideration may fall within the declared renting service and be chargeable, subject to factual characterisation. (AI Summary)

It may be noted that under Section 66B of the Act, all services provided or agreed to be provided in the taxable territory except the services specified in the negative list of services are chargeable to service tax. The term ‘service’ has been defined in Section 65B(44) of the Act to mean an activity carried out by one person for another for consideration.

Renting of immovable property services have been included in the list of declared services under Section 66E of the Act

The term ‘renting’ has been defined in Section 65B(41) of the Act in very wide terms to mean allowing, permitting or granting access, entry, occupation, use or any such facility, wholly or partly, in an immovable property, with or without the transfer of possession or control of the said immovable property. It further includes arrangements in the nature of letting, leasing, licensing or other similar arrangements in respect of immovable property.

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Madhukar N Hiregange on Jun 1, 2014

The article is incomplete- please upload the full article. There is nothing on schooling services here.

Parimal Kalita on Jun 2, 2014

Looks to be incomplete !!

Pradeep Jain on Jun 2, 2014

Article is not clear. 

CASeetharaman KC on Jun 3, 2014

It is not clear what is issue being discussed. What is the meaning of Schooling Arrangement in the first place? Are you saying that there is no service tax on this arrangement? Please elaborate

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