2025 (10) TMI 966 - AT - Service Tax

NCVT/NSDC-approved MES courses qualify as 'approved vocational education' under Sl. No. 9A, Notification No.25/2012-ST and s.66D(1)(iii)

CESTAT KOLKATA - AT held that the appellant's delivery of NCVT/NSDC-approved Modular Employable Skills courses under the SDIS/MES scheme falls within the ... Exemption from Service tax under N/N. 25/2012-ST dated 20.06.2012 - services rendered by a registered Vocational Training Provider (VTP) under the Skill Development Initiative Scheme (SDIS)/Modular Employable Skill (MES) - appellant's services fall squarely under 'approved vocational education course' exemption under Section 66D(l)(iii) of Finance Act, 1994 or not - invocation of extended period of limitation. HELD THAT:- As per the MoU entered into with M/s. EdCIL (India) Ltd., the appellant was engaged in providing NCVT-approved Modular Employable Skill (MES) course under Skill Development Initiative (SDI) Scheme of the Government of India. Such courses were designed by the National Skill Development Agency (NSDA) under the Ministry of Skill Development and Entrepreneurship, Government of India. It is the case of the appellant that as the programme is approved by the Ministry of Skill Development & Entrepreneurship, Government of India, and the appellant being registered with the Paschim Bangla Society for Skill Development (PPSSD) which acts as the state implementing agency for Sector Skill Council (SSC), the services rendered by them are specifically exempt from levy of Service Tax by virtue of Sl. No. 9A of Notification No. 25/2012-S.T. dated 20.06.2012. It is evident that a training partner approved by the National Skill Development Corporation or the Sector Skill Council, undertaking course approved them, are eligible for the exemption from payment of service tax as provided underof Sl. No. 9A of Notification No. 25/2012-S.T. dated 20.06.2012 - the programme undertaken by the appellant is approved by the Government and hence the activity undertaken by them is eligible for the exemption from payment of Service tax, as the said activity are covered under Sl. No. 9A of Notification No. 25/2012-S.T. dated 20.06.2012. The programme of Skill Development Initiative Scheme (SDIS) based on Modular Employable Skills” is approved by the Ministry of Labour and Employment, Government of India. The appellant has undertaken this programme asa training partner approved by the National Skill Development Corporation and therefore, the appellant are eligible for the exemption from payment of service tax as provided underof Sl. No. 9A of Notification No. 25/2012-S.T. dated 20.06.2012. A similar issue has already been dealt with by the Tribunal at Hyderabad in the case of SRK Innovatives School of Information Pvt. Ltd. v. Pr. Commissioner of Central Tax, Visakhapatnam, G.S.T. [2025 (5) TMI 262 - CESTAT HYDERABAD] where it was held that 'it is an admitted fact that NSDC is not only implementing training programme on it's own but is also funding and supporting the skill development component of other programmes run by other central government ministries and state governments as long as it is consistent with their objective for which the said specialised agency has been created. NSDC is associated with skill development component of NULM being implemented by various state governments. Therefore, we find that the activity being undertaken by the appellant would be covered within the scope of Serial No. 9A of Notification No. 25/2012-ST.' In the present case, the appellant have undertaken the programmes as designed by the National Skill Development Corporation (NSDC) and therefore, it is found that the ratio laid down in the above case is squarely applicable to the case on hand - the appellant is entitled to the exemption from Service Tax on the services rendered by them in terms of Notification No. 25/2012-S.T. dated 20.06.2012 [Sl. No 9A]. Services rendered by them fall squarely within the ambit of 'approved vocational education course' and exempted under Section 66D(l)(iii) of Finance Act, 1994 - HELD THAT:- As the services rendered by the appellant are exempted in terms of Notification No. 25/2012-S.T. dated 20.06.2012 [Sl. No 9A], this ground raised by the appellant is not discussed. Time Limitation - HELD THAT:- The appellant had sought clarification on the issue vide their letter dated 05.08.2013 and to that letter, the Superintendent, Malda Range had replied that Service Tax is not leviable when a VEC is offered by the Government or local authority. Thus, it is evident from the above that the Department was well aware of the activity undertaken by the appellant. As the activity undertaken by the appellant was well within the knowledge of the Departmental authorities, I find that there is no suppression of facts involved in this case. Thus, the invocation of extended period of limitation is not sustainable. Consequently, the demand confirmed against the appellant is set aside by invoking the extended period of limitation. Consequently, no Service Tax is liable to be confirmed against the appellant, being barred by limitation. The appellant succeeds on merits as well as on limitation - Appeal allowed. ISSUES PRESENTED AND CONSIDERED 1. Whether services rendered by a registered Vocational Training Provider (VTP) under the Skill Development Initiative Scheme (SDIS)/Modular Employable Skill (MES) courses qualify for exemption under Serial No. 9A of Notification No. 25/2012-ST (services by NSDC/SSC/assessment agency/training partner in relation to National Skill Development Programme or other NSDC schemes). 2. Whether the services rendered constitute 'education as a part of an approved vocational education course' excluded from service tax under Section 66D(1)(iii) read with the definition of 'approved vocational educational course' in Section 65B(11) of the Finance Act, 1994. 3. Whether the extended period of limitation for demand (invocation of extended period on ground of suppression) is invocable where the assessee had sought departmental clarification and filed nil returns in bona fide belief of exemption. ISSUE-WISE DETAILED ANALYSIS - ISSUE 1: Applicability of Notification No. 25/2012-ST (Serial No. 9A) Legal framework: Serial No. 9A of Notification No. 25/2012-ST exempts 'any services provided by' (i) NSDC, (ii) a Sector Skill Council approved by NSDC, (iii) an assessment agency approved by SSC or NSDC, or (iv) a training partner approved by NSDC or SSC, 'in relation to' the National Skill Development Programme, specified vocational skill development schemes, or any other scheme implemented by NSDC. Precedent treatment: The Tribunal in SRK Innovatives (Hyderabad) dealt with eligibility under Entry 9A where formal listing/partnership certificate was absent but factual matrix-soft loans, MoUs, scheme execution and back-to-back arrangements-established alignment with NSDC objectives; that decision was followed and applied to cases with similar funding/implementation linkages. Interpretation and reasoning: The Court analysed the scheme architecture (SDIS/MES/NSDC/NCVT), the appellant's registration as VTP under SDIS, the MOU with EdCIL, the funding and reimbursement mechanism, and documentary evidence showing that courses were NCVT/SDIS approved and implemented pursuant to government-sponsored schemes. The Tribunal observed that Notification 9A focuses on the substance and purpose of services (whether services are in relation to NSDC/SSC implemented programmes), not strictly on presence in an online list or an explicit partnership certificate. The Court relied on SRK Innovatives reasoning that NSDC functions through funded and non-funded partners and may support programmes by funding, lending or partnership; a plain reading that confines exemption to only those named on a list would defeat the object and spirit of the exemption which targets delivery of skill development under NSDC/SSC architecture. Ratio vs. Obiter: Ratio - exemption under Serial No. 9A applies where services are in substance and reality rendered in relation to NSDC/SSC/approved schemes even if the provider is not specifically listed on NSDC's website, where documentary matrix (registration under SDIS, MOUs, funding/revenue sharing, NCVT certification and government reimbursement) establishes that the services further NSDC/SSC objectives. Obiter - observations on categories of NSDC partners (funded/non-funded distinctions) elaborated in SRK Innovatives to explain why formal certificate absence is not necessarily determinative. Conclusions: The appellant's services were held to fall within Serial No. 9A exemption because the courses were MES/SDIS/NCVT approved, the appellant was a registered VTP under DGE&T/State implementation, and the factual matrix (MOU with EdCIL, government funding/reimbursement, NCVT certification) established relation to government/NSDC-aligned skill development schemes. The Tribunal followed SRK Innovatives and allowed the exemption under Notification No.25/2012-ST [Sl. No. 9A]. (See cross-reference to Issue 2 on alternative exemption ground.) ISSUE-WISE DETAILED ANALYSIS - ISSUE 2: Applicability of Section 66D(1)(iii) - 'approved vocational education course' Legal framework: Section 66D(1)(iii) excludes 'education as a part of an approved vocational education course' from taxable services. Section 65B(11) defines 'approved vocational educational course' to include (i) courses run by ITI/ITC affiliated to NCVT/SCVT offering designated trades under Apprentices Act, 1961, or (ii) a Modular Employable Skill (MES) course approved by NCVT run by a person registered with Directorate General of Employment and Training (DGE&T). Precedent treatment: The Court noted submissions and authorities regarding the definition and exemption but did not decide the point on the merits because the Serial No. 9A exemption was found dispositive. Prior jurisprudence recognizes that MES courses approved by NCVT and run by registered VTPs meet the definition in Section 65B(11). Interpretation and reasoning: The Tribunal recorded that the appellant was registered as a VTP under SDIS with registration issued by the Director of Industrial Training (state authority functioning under DGE&T), that MES courses were NCVT-approved under the SDI Operations Manual, and that NCVT certification was issued upon successful completion. Those facts, on their face, satisfy the statutory criteria set out in Section 65B(11) for an 'approved vocational educational course.' Ratio vs. Obiter: Obiter - the Court explicitly declined to adjudicate this ground in detail because entitlement under Notification No. 25/2012-ST (Sl. 9A) disposed of the appeal; however, the Court recorded factual findings supportive of the Section 66D(1)(iii) ground which, if decided, would likely support exemption (these findings are persuasive but not necessary to the operative decision). Conclusions: Although not formally adjudicated as the dispositive Notification 9A ground was preferred, findings indicate that the MES courses and the appellant's registration fulfil the Section 65B(11) definition, and the services would likely be excluded under Section 66D(1)(iii) if independently adjudicated. (Cross-reference: Tribunal did not rely on this ground as it was unnecessary in view of Issue 1 conclusion.) ISSUE-WISE DETAILED ANALYSIS - ISSUE 3: Extended period of limitation - suppression and bona fide belief Legal framework: Extended period of limitation for service tax demands may be invoked where there is wilful suppression of facts or intention to evade tax; bona fide reliance on departmental clarification or open recording of transactions can negate fraud/suppression. Precedent treatment: Authorities support that invocation of extended period requires clear suppression or evasion; bona fide action based on departmental clarification and maintenance of books open to inspection weigh against extended period invocation. Interpretation and reasoning: The appellant sought and obtained written clarification from the Range Office (letter dated 05.08.2013) indicating Service Tax was not leviable when a Vocational Education Course (VEC) is offered by Government or local authority; appellant filed nil returns in bona fide belief of exemption; transactions were recorded and available to the Department. The Tribunal found the Department was aware of the appellant's activities and that there was no concealment or suppression of material facts. Given absence of wilful suppression or intent to evade and presence of prior departmental correspondence, invocation of extended limitation was unsustainable. Ratio vs. Obiter: Ratio - extended period of limitation cannot be invoked where there is no suppression of facts and the assessee has acted on departmental clarification and maintained open books; such circumstances bar extended limitation and attendant confirmed demand. Obiter - references to cited authorities were used to support principle but the factual finding on absence of suppression was determinative. Conclusions: The Tribunal set aside the demand confirmed under extended limitation, holding that no suppression or intention to evade existed; consequently the demand was barred by limitation and could not be sustained. FINAL CONCLUSIONS 1. Services rendered by the appellant in relation to MES/SDIS courses were held to be exempt under Serial No. 9A of Notification No. 25/2012-ST because the factual and documentary matrix established that the services were in relation to NSDC/SSC/approved schemes; the Tribunal followed SRK Innovatives on the point. 2. The Tribunal recorded findings which, if necessary, would also support exclusion under Section 66D(1)(iii) as MES courses approved by NCVT and run by a VTP registered with DGE&T fall within the statutory definition, but this ground was not decided as it was unnecessary. 3. Invocation of the extended period of limitation was held unsustainable due to absence of suppression and the existence of prior departmental clarification relied on in good faith; the confirmed demand was set aside on limitation grounds as well.