Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
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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