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2024 (8) TMI 294 - AAR - GSTEligibility for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017 - hostel accommodation services provided by the Applicant. Hostel accommodation services provided by the Applicant for duration of stay of 10 months - HELD THAT - The decision of Hon ble Madras High court in case of Thai Mookambikaa Ladies Hostel 2024 (3) TMI 1271 - MADRAS HIGH COURT in deciding that Supply of hostel accommodation services to students with mandatory supply of meals and other necessary amenities, for duration of stay of 10 months-is covered by the Entry at Sr No 12 of Notification 12/2017-Central tax (Rate) dated 28th June 2017 and exempted from tax. Decision of the Supreme Court in the case of JEEWANTI PANDEY 1981 (10) TMI 188 - SUPREME COURT followed, whereas the issue of Residence has been decided. Hostel accommodation services provided by the Applicant for duration of stay of one or two months to new students during vacation period - HELD THAT - The Supply of hostel accommodation services to students with mandatory supply of meals and other necessary amenities, for duration of stay of 1 to 2 months during vacation period to new students, is not eligible for benefits of exemption as per Entry at Sr No 3 of notification No 12/2017-Central tax (Rate) dated 28 June 2017. Hostel accommodation services provided by the Applicant for duration of stay of one or two months to old students during vacation period - HELD THAT - The earlier tenure of residence of 10 months is extended for further period of one month or 2 months by the old student will not change the nature of their earlier stay of 10 months (Residence) to temporary accommodation status hence, such supplies considering the earlier tenure 10 months will also be long term tenure and are considered as residence and eligible for benefits of exemption as per Entry at Sr No 3 of notification No. 12/2017-Central tax (Rate) dated 28 June 2017.
Issues Involved:
1. Eligibility of hostel accommodation services for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017. 2. Duration of stay and its impact on the eligibility for exemption. 3. Applicability of exemption for new students during vacation periods. 4. Applicability of exemption for old students during vacation periods. Issue-Wise Detailed Analysis: 1. Eligibility of Hostel Accommodation Services for Exemption: The primary issue revolves around whether the hostel accommodation services provided by the Applicant qualify for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017. The Applicant contends that their services are eligible for exemption as they provide residential dwelling for use as residence. They argue that the hostel accommodation services, including ancillary services like meals and other facilities, should be considered a composite supply, where the principal supply is the hostel accommodation. The Applicant relies on definitions from various dictionaries and legal precedents to substantiate that hostels qualify as residential dwellings used for residential purposes. 2. Duration of Stay and Its Impact on Eligibility: The judgment distinguishes between different durations of stay to determine eligibility for exemption: - 10-month Stay: The judgment finds that hostel accommodation services provided for a duration of 10 months qualify for exemption. This decision is influenced by similar cases, such as the Madras High Court ruling in the case of Thai Mookambikaa Ladies Hostel and the Karnataka High Court ruling in the case of Taghar Vasudeva Ambrish. The court emphasized that the hostel is used by students for residence, as they stay for a considerable period, fulfilling the conditions for exemption. - 1 to 2-month Stay for New Students During Vacation: The court determined that stays of 1 to 2 months during vacation periods do not qualify for exemption. The judgment draws from the same precedents but highlights that shorter stays do not meet the criteria for residential dwelling as they are considered temporary accommodations. 3. Applicability of Exemption for New Students During Vacation Periods: The judgment specifically addresses the scenario where new students stay for 1 to 2 months during vacation periods. It concludes that such short-term stays do not qualify as residential dwelling for the purpose of exemption under Serial Number 12 of the Notification. The court refers to the definition of temporary residence and the need for a stay to be of a more permanent character to qualify for exemption. 4. Applicability of Exemption for Old Students During Vacation Periods: For old students who extend their stay by 1 to 2 months during vacation periods, the judgment rules in favor of exemption. The court reasons that the extension of an already long-term stay (10 months) does not alter the nature of their residence. Therefore, such extended stays are considered part of the initial residential tenure and qualify for exemption. Conclusion: The judgment provides a nuanced interpretation of the exemption eligibility for hostel accommodation services under the GST framework, based on the duration and nature of the stay. The key takeaways are: - Hostel accommodation services for a 10-month duration are exempt from GST. - Short-term stays (1 to 2 months) for new students during vacations do not qualify for exemption. - Extended stays (1 to 2 months) for old students during vacations are exempt from GST. Order: Question 1: Whether the hostel accommodation services provided by the Applicant for a duration of stay of 10 months would be eligible for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017? - Answer: Affirmative. Question 2: Whether the hostel accommodation services provided by the Applicant for a duration of stay of one or two months to new students during vacation periods would be eligible for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017? - Answer: Negative. Question 3: Whether the hostel accommodation services provided by the Applicant for a duration of stay of one or two months to old students during vacation periods would be eligible for exemption under Serial Number 12 of Notification 12/2017-Central Tax (Rate) dated 28th June 2017? - Answer: Affirmative.
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