Para medico service provided to Gcvernment Hospital under health care service by way of contract exempted as per circular No32/06/2018-GST dated 12-02-2018 at Sl No.5(1) .

[gunda ashok kumar]

Para medico service provided to the Government Hospital under health care through outsourcing is exempted as per Circular No. 32/06/2018-GST dated 12-02-2018 at sl no.5(1)

[Shilpi Jain]

Is this a statement or a question?

[Shilpi Jain]

It would be relevant to mention the scope and responsibilities of the service provider to assess eligibility of exemption. 

There is always a thin line of difference between manpower supply and actual service. Contact terms and factual aspects more relevant to decide exemption

[KASTURI SETHI]

Correct reply  is not possible without  perusing terms and conditions of the contract executed  between para-medics  and Govt. hospital. The query also needs elaboration. More facts required. 

[KASTURI SETHI]

(i)  It is a manpower supply. You are to ascertain whether this activity is covered under Article 243 W of Constitution of India or not for the purpose of admissibility of exemption from GST.

(ii) A Board's circular has no statutory force. It cannot override notification or a Section. It cannot be contrary to  the Act.

(iii) Also go through the decision of AAR, Guajrat. reported as IN RE: VISHV ENTERPRISE - 2021 (1) TMI 436 - AUTHORITY FOR ADVANCE RULING, GUJARAT

(iv) If the parameters laid down in the above AAR decision are qualified, the person can claim exemption from GST, notwithstanding the decision in favour of the department. 

[Ganeshan Kalyani]

I agree with the view of the experts.

[Shilpi Jain]

Do check if this can fall under health care services provided by clinical establishment.

AI Summary

Debate on GST exemption for outsourced para-medico services to government hospitals under Circular No. 32/06/2018-GST. A discussion on a forum revolved around whether para-medico services provided to a government hospital via outsourcing are exempt from GST, referencing Circular No. 32/06/2018-GST. Participants debated the distinction between manpower supply and service provision, emphasizing the importance of contract terms and responsibilities to determine eligibility for exemption. It was noted that a Board's circular lacks statutory force and cannot override the law. Reference was made to a decision by the Authority for Advance Ruling in Gujarat, suggesting that if certain criteria are met, exemption from GST might be applicable.