treated as Health Care service
Case Title | Baroda Medicare (P.) Ltd vs Appellate Authority. |
Court | Gujarat High Court |
Honorable Judges | Justice Milind Torawane & Justice Seema Arora |
Citation | 2022 (5) GSTPanacea 371 HC Gujarat ADVANCERULING/SGST&CGST/2021/AR/02 |
Judgement Date | 23-May-2022 |
Council for Petitioner | Dhruvank Parikh |
Council for Respondent | NA |
Section | Section 65(105) of the Finance Act, 1994 |
In Favour of | In Favour of Assessee |
The Gujarat Bench of Member Milind Torawane & Member Seema Arora has held that definition of Health Care Services, it is clear that there is no disparity when provided by a clinical establishment to a patient inside the clinical establishment or outside the said establishment. In view of the foregoing, bench modify the Advance Ruling and hold that supply of Occupation Health Checkup Service by the hospital and allied medical services to their employees and also the camps conducted for health check-up outside the hospitals to be treated as Health Care Service and exempted under GST in terms.
FACTS OF THE CASE
The appellant is running 3 multi-specialty hospitals under the Brand name ‘Sunshine Global Hospitals‘ at Manjalpur, Vadodara and Surat
The appellant filed an application for advance ruling before the Gujarat Authority for Advance Ruling (herein after referred to as the ‘GAAR’), wherein it raised the following questions for advance ruling –
Whether the supply of Occupational Health Check-up (OHC) service by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll, working in different corporate for providing health check-up service, ambulance facility, and allied medical services to their employees and also the camps conducted for health check-up outside the hospitals, to be treated as Health Care service and hence not taxable under CGST / SGST?
The GAAR, vide Advance Ruling No. GUJ/GAAR/R/106/2020 dated 30.12.2020 has ruled as follows
The applicant will be liable to pay GST @ 18% (CGST @9% + SGST 9%) on the payment received directly from the business entity for health services provided to employees of the business entities in relation to Occupational Health Check-up (OHC) or preventive care along with ambulance facility and allied medical services under “Human health and social care services” in terms of S. No. 31 of the Table of the Notification No. 11/2017-Central Tax (Rate) dated 28-6-2017
Aggrieved by the aforesaid Advance Ruling, to the extent ruling given in respect of question (ii), the appellant has filed the present appeal
The appellant has submitted that the occupational health checks can be required for variety of staff, at various stages of their occupation, starting before a new person is assigned to particular job. It is submitted that occupational health is essentially preventive medicine.
The appellant has submitted that there are 29 enlisted diseases under Schedule VIII read with Sections 89 and 90 of the Factories Act, 1948 and to diagnose / prevent and take care of these diseases, occupational health check up and prevention is being provided by the appellant to the business entities.
The appellant has submitted that there are 29 enlisted diseases under Schedule VIII read with Sections 89 and 90 of the Factories Act, 1948 and to diagnose / prevent and take care of these diseases, occupational health check up and prevention is being provided by the appellant to the business entities.
The appellant has submitted that the Central Government, vide Notification No. 30/2011-Service Tax dated 25-4-2011, fully exempted the said taxable service referred to in sub-clause (zzzzo) of clause (105) of section 65 of the Finance Act, 1994.
treated as Health Care service
COURT HELD
Considering the facts as recorded, held that definition of Health Care Services, it is clear that there is no disparity when provided by a clinical establishment to a patient inside the clinical establishment or outside the said establishment
Further, in previous Service Tax regime, vide Notification No. 24/2010-ST dated 22-6-2010 and Section 65(105)(zzzzo) of the Finance Act, 1994, whereby Service Tax was made applicable on Occupational Health Check-up Services. The Government subsequently exempted the above service vide Notification No. 30/2011-ST dated 25-4-2011. The definition of Health Care Service is similar in GST regime as compared to Finance Act, 1994. Bench find that the GAAR failed to appreciate the same.
In view of the foregoing, bench modify the Advance Ruling and hold that supply of Occupation Health Checkup Service by the hospital i.e. nursing staff, Doctors, Paramedical staff on hospital’s payroll working in different corporate for providing health check-up services, ambulance facility and allied medical services to their employees and also the camps conducted for health check-up outside the hospitals to be treated as Health Care Service and exempted under GST in terms of Entry at Sr.No.74 of Notification No.12/2017- Central Tax (Rate) dated 28-6-2017 and Notification No. 12/2017-State Tax (Rate) dated 30-6-2017, as amended
treated as Health Care service
ANALYSIS OF THE JUDGEMENT
“Health care services” means any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality, or pregnancy in any recognized system of medicines in India and includes services by way of transportation of the patient to and from a clinical establishment, but does not include hair transplant or cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions of body affected due to congenital defects, developmental abnormalities, injury or trauma;
Health Care Services must be supplied by clinical establishment, an authorized medical practitioner or para-medics and these services are not limited to specified or particular conditions, diseases or anatomical reasons as well as these services can be provided in general practitioner’s practices and also delivered by outpatient clinics, at home, in firms, schools etc or by phone, internet or other means
In view of above definition of Health Care Services, it is clear that there is no disparity when provided by a clinical establishment to a patient inside the clinical establishment or outside the said establishment.
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Baroda Medicare (P.) Ltd
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