Whether GST is applicable on services for conducting examinations?

GST applicable on exam

Case Title

 State Examination Board 

Court

Gujarat AAAR

Honorable Judges

Member Milind Torawane and Member Seema Arora

Citation

2022 (5) GSTPanacea 387 HC Gujarat

GUJ/GAAAR/APPEAL/2022/08

Judgement Date

12-May-2022

Council for Petitioner

Mr. Devam S Sheth

Council for Respondent

Not Applicable

In favour of

Assessee

Section

Section 100 of CGST Act, 2017

Authority for advance ruling, Gujarat bench of Milind Torawane and Seema Arora has held that the applicant provides that BSEB is the educational service in context to the control of exams and it has to be given exemption from GST.

FACTS OF THE CASE

The petitioner based with Bengaluru’s firm Datacon Technologies is the service provider of the print solution and the IT services.

These are typical sections of the modern examination system, Central Board of Secondary Education (CBSE), normally State Examination Boards grant agreement to the specific agencies for giving the services. The petitioner in relation to the question has laid Advance rulings that whether these services have to be given privilege or not from GST.

The applicant provides that BSEB is the educational service in context to the control of exams and it has to be given exemption from GST. It is seen that in the matter of contesting to the Orient Press Limited, Maharashtra AAR contains the same services excused from GST.

Karnataka AAR stands that both the central and state educational boards should be entitled to the institute who conducts the examination for the students. Hence BSEB concerns the educational institute for the purpose of conducting the examination.

GST applicable on exam

COURT HELD

GST has to be reduced on BSEB who provides educational services said AAR.

The Authority of Advance Ruling (AAR) assists the assessee by providing the decision in relation to the supply of Goods and Services held to undergo by the taxpayers. The decisions are quite applicable to the applicant and the tax authorities. Hence the decisions have not an important value such as the judgment of the High court or Supreme court but it can be used as a powerful tool in future times. The outer agencies providing the services to the board of examination in concern to conduct the examination cannot induce Goods and Services Tax (GST) said by Karnataka AAR “It is an undisputed fact that the process of conducting the examination is not limited/restricted to the test centre. The examination is an incomplete activity without assessment. Scanning of answer sheets and qualifying marks is an essential part albeit the main objective of the examination process. Educational institutions or the examinees do not look at these activities in isolation,” the authority for the advance ruling says during the ruling in favour to give privilege for examination exercises given by the outer agency.

GST applicable on exam

ANALYSIS OF THE JUDGEMENT

By noticing the above order we analyse that no GST will be applicable on services for conducting examination.

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State Examination Board

For Reference Visit:
Gujarat AAAR