Composite GST notices, mandatory limitation, and same-subject bar: HC upheld valid notices but quashed overlapping proceedings and unauthorised withho...
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Affiliation granted by a university to constituent colleges was held to be a statutory educational and regulatory function, not a supply of service in the course or furtherance of business. The affiliation fee lacked bargain and quid pro quo and therefore was not consideration for a taxable supply under the CGST Act. The Court further held that, in any event, affiliation services fall within Entry 66 of Notification No. 12/2017-Central Tax (Rate) as services relating to admission, examinations and core educational functions. The GST levy and demand were therefore quashed, and refund was directed subject to verification that the tax burden had not been passed on to students.
Affiliation granted by a university to constituent colleges was held to be a statutory educational and regulatory function, not a supply of service in the course or furtherance of business. The affiliation fee lacked bargain and quid pro quo and therefore was not consideration for a taxable supply under the CGST Act. The Court further held that, in any event, affiliation services fall within Entry 66 of Notification No. 12/2017-Central Tax (Rate) as services relating to admission, examinations and core educational functions. The GST levy and demand were therefore quashed, and refund was directed subject to verification that the tax burden had not been passed on to students.
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