2022 (7) TMI 408 - AAR - GST

Scope and Maintainability of Advance Ruling application - Classification of supply - supply of service or not - Applicability of GST - educational institution or not - activity of printing of the items of stationary on behalf of educational institutions constitutes a supply of service or not - rate of GST - Applicability of Sr. No. 66 (Heading 9992) of Notification No. 12/2017-Central Tax (Rate) - HELD THAT - Any person registered or desirous of obtaining registration under CGST Act 2017 can seek advance ruling only in relation to the supply of goods or services or both being undertaken or proposed to be undertaken. In the instant case, it is observed that the Applicant, i.e Karnataka Secondary Education Examination Board, is not a supplier. Thus the Authority refrains itself from giving any ruling in respect of the same.

Summary

Issues Involved:
1. Whether the Applicant is an "educational institution" for the purposes of applicability of GST.
2. Whether the activity of printing certain examination-related stationery on behalf of educational institutions constitutes a supply of service.
3. Whether incidental services provided to or performed on behalf of educational institutions are covered by Sr. No. 66 (Heading 9992) of Notification No. 12/2017-Central Tax (Rate) and subject to Nil rate of tax.

Issue-wise Detailed Analysis:

1. Educational Institution Status:
The Applicant, Karnataka Secondary Education Examination Board (KSEEB), sought to determine if it qualifies as an "educational institution" under GST law. The Authority referred to Notification No. 14/2018-Central Tax (Rate) dated 26.07.2018, which clarifies that Central and State Educational Boards are treated as educational institutions for the limited purpose of providing services by way of conducting examinations to students. Consequently, the Authority concluded that KSEEB is indeed an educational institution for this limited purpose.

2. Printing Activity as Supply of Service:
The Applicant queried whether the activity of printing items such as question papers, admit cards, answer booklets, SSLC Pass Certificates, Fail Marks cards, etc., on behalf of educational institutions constitutes a supply of service. The Authority observed that the printing activities are outsourced to third parties, making the Applicant the recipient, not the supplier, of these services. Therefore, the Authority refrained from providing a ruling on this question, as advance rulings can only be sought in relation to supplies undertaken or proposed to be undertaken by the applicant.

3. Incidental Services and Nil Rate of Tax:
The Applicant also sought clarification on whether incidental services, such as scanning answer booklets, hiring vehicles for transportation of examination materials, annual maintenance of computers, and obtaining services of programmers, technical staff, and other personnel for examination-related work, are subject to Nil rate of tax under Sr. No. 66 (Heading 9992) of Notification No. 12/2017-Central Tax (Rate). The Authority reviewed sample agreements and determined that the Applicant is the recipient, not the supplier, of these incidental services. As such, the Authority refrained from giving a ruling on this matter for the same reason as the second issue.

Ruling:
1. The Applicant is an "Educational institution" for the limited purpose of providing services by way of conducting examinations to students, as per clause (iv) of Notification No. 14/2018-Central Tax (Rate) dated 26.07.2018.
2. The question regarding the activity of printing certain examination-related stationery on behalf of educational institutions could not be answered.
3. The question regarding incidental services provided to or performed on behalf of educational institutions could not be answered.