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of <h1>State university operating distance education through Learning Centers exempt from service tax under educational services</h1> <h3>M/s Punjab Technical University Versus Commissioner of Central Excise, Ludhiana</h3> M/s Punjab Technical University Versus Commissioner of Central Excise, Ludhiana - TMI ISSUES PRESENTED and CONSIDEREDThe core legal questions considered in this judgment are:(i) Whether the service provided by the appellants to Regional Centers (RCs) and Learning Centers (LCs) can be classified as 'Education Service' as claimed by the appellants.(ii) Whether the service provided by the appellants to RCs and LCs can be classified as 'Franchise Service' as alleged by the Revenue.(iii) Whether the appellants are rendering any taxable service to the RCs and LCs.ISSUE-WISE DETAILED ANALYSIS(i) Education Service ClassificationThe appellants, Punjab Technical University (PTU), argue that they are providing an education service exempt from service tax under the Finance Act, 1994. The relevant legal framework includes Section 66D of the Finance Act, which lists services related to education as part of the Negative List, exempting them from service tax. The appellants are established under the Punjab Technical University Act, 1996, and their activities include awarding degrees and diplomas, which are recognized by law.The Court found that PTU's activities fall under the Negative List and are exempt from service tax. The Court noted that the appellants are better placed than other educational institutions as they are established by an Act of the State Legislature, and their services are in relation to education, which is exempt from service tax.(ii) Franchise Service ClassificationThe Revenue contends that PTU is providing Franchise Service to RCs and LCs, which is taxable under the Finance Act. The definition of 'Franchise' involves granting representational rights to sell or provide services identified with the franchisor. The Revenue relied on the Tribunal's previous decision in PTU's own case, which classified the service as Franchise Service for the period before 01.07.2012.The Court disagreed with the Revenue's classification, noting that the definition of Franchise Service involves elements such as a trademark or logo, which are not present in PTU's arrangements with RCs and LCs. The Court emphasized that the MOU between PTU and RCs/LCs does not grant representational rights that would constitute a franchise agreement.(iii) Taxable Service RenderingThe Court examined whether PTU is rendering any taxable service to RCs and LCs. The Court found that PTU retains control over the core functions of education, such as setting the syllabus, conducting examinations, and awarding degrees. The RCs and LCs are involved in logistical support and do not operate independently. The Court concluded that PTU is not engaged in a commercial activity and is not rendering a taxable service to RCs and LCs.SIGNIFICANT HOLDINGSThe Court held that PTU is not providing Franchise Service to RCs and LCs, and the services rendered are exempt from service tax as they relate to education. The Court emphasized that the services fall under the Negative List and are exempt under Section 66D of the Finance Act, 1994, and relevant notifications.The Court stated, 'There is no service rendered by the appellant-university. Therefore, it cannot be categorized as any taxable service. The services rendered by them cannot be termed as Franchise Service by no stretch of imagination.'The Court concluded that the appellants are rendering services related to education, which is exempt from service tax, and allowed the appeals with consequential relief.
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