Master Minds ., In re

Date: September 27, 2020

Court: Appellate Authority for Advance Ruling
Bench: Andhra Pradesh
Type: Advance Ruling
Judge(s)/Member(s): Naresh Penumaka, Peeyush Kumar

Subject Matter

CA, CMA Coaching Institutes are not exempted from GST. AAR ruling upheld.

Exemption

Summary

Q) whether the services of supply of service of education as per the curriculum prescribed by the statutory authorities/ government to the students of the applicant tor obtaining qualifications/ certificates of CA-Foundation, CA-Inter, CA-Final, CMA (ICWA)-Foundation, CMA-Inter, CMA-Final and Intermediate duly recognized by the respective statutory authorities/ government are exempted under Notification N0.12/2017-CT (Rate) dt.28.06.2017 (entry no.66(a)), as amended or not.

A) The coaching or training provided by the applicant is for preparing the students for writing/appearing CA(Inter & Final) and ICWA (Inter & Final) Exams conducted by ICAI/ ICWAI. The said coaching or training per se does not lead to grant of a certificate or diploma or degree or qualification which is recognized by any law. It only aims at giving a better preparation to the students and improves their chances in the examination. The coaching cannot be considered as something leading to grant of certificate, qualification etc. recognized by law.

Further, the services of provision of food and accommodation to the students perusing the said courses are liable to GST under the same notification and also as clarified vide CBIC Circular N0.85/04/2019-GST, dt.01.01.2019 that supply of food, beverages by an educational institution to its students, faculty and staff, where such supply is made by the educational institution itself, is exempt under Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, vide SI. No. 66 w.e.f. oi-oj-2017 itself. As applicant not qualified as an educational institute, the above exemptions won’t be applicable.