TaxTMI Login
Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
When case Id is present, search is done only for this
of 
of 
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
of of 
All Case Laws
of of All Case Laws
Note
Bookmark
Share
Don't have an account? Register Here
of <h1>GST demand on affiliation and inspection fees upheld as exemption applies only to education services for students and staff</h1> <h3>Care College of Nursing and others. Versus Kaloji Narayana Rao University of Health Sciences Rep by its Registrar, and others.</h3> Care College of Nursing and others. Versus Kaloji Narayana Rao University of Health Sciences Rep by its Registrar, and others. - 2024 (86) G.S.T.L. 244 ... Issues Involved:1. Legality of the demand notice for GST on affiliation and inspection fees.2. Applicability of GST exemption notifications to the services provided by educational institutions.Summary:Issue 1: Legality of the demand notice for GST on affiliation and inspection feesThe batch of writ petitions was filed by educational institutions challenging the demand notice issued by the 1st respondent-University for the payment of GST on affiliation and inspection fees, including arrears from July 2017 onwards. The demand notice was based on directions from GST authorities to collect and deposit GST dues on these fees. The petitioners argued that the affiliation and inspection fees should be exempt from GST under certain notifications.Issue 2: Applicability of GST exemption notifications to the services provided by educational institutionsThe petitioners relied on Notification No. 12 of 2017, dated 28.06.2017, which exempts certain services provided by educational institutions from GST. They contended that the term 'educational institution' includes universities and that affiliation and inspection fees should be exempt as they are part of the educational services. They also cited amendments and decisions from other courts supporting their claim.The respondents argued that the demand notice was valid and that affiliation and inspection fees are taxable under GST law. They referred to Notification No. 11 of 2017, which includes 'Education services' as taxable, and pointed out that the exemption in Notification No. 12 of 2017 does not explicitly cover affiliation and inspection fees.The court examined the relevant notifications and concluded that educational services are taxable under Notification No. 11 of 2017. Notification No. 12 of 2017 provides exemptions for specific services rendered to students, faculty, and staff but does not include affiliation and inspection fees. The court also noted that the GST Council had clarified that services like accreditation are taxable at 18%.The court rejected the petitioners' reliance on decisions from the Karnataka High Court, noting that those decisions were based on provisions of the Finance Act, 1994, which are not applicable under the GST law.Conclusion:The court dismissed the writ petitions, holding that the affiliation and inspection fees charged by the 1st respondent-University are not exempt from GST. The demand notice for GST on these fees was upheld as valid. The court emphasized that exemptions must be explicitly stated in the notifications, and in the absence of such specific exemptions for affiliation and inspection fees, the petitioners' claims were not sustainable.
TaxTMI 
TaxTMI 
