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2023 (8) TMI 969 - AAAR - GSTExemption from CGST UPGST - educational services - supply of education and training services to commercial pilots in accordance with the training curriculum approved by the DGCA for obtaining the extension of ATRs on their existing license - services provided by the Appellant is part of a curriculum for obtaining qualification recognized by any law for the time being in force or not - to be covered under SI.No. 66(a) of the Notification No. 12/2017 dated 30.06.2017 or not - HELD THAT - The Appellant imparts training to the trainees and thus provides ATR extension services. On completion of the said training the Appellant issues course completion certificate, which is a pre-requisite document for preferring application before the DGCA, who conducts the examination through an approved examiner and on passing of the said exam the DGCA records the said ATR extension in the CPL of the pilots concerned. Thus the training conducted by the appellant does not result into any qualification and it is not recognized by the law. The Appellant placed reliance on the service tax case of Indian Institute of Aircraft Engineering Vs. Union of India 2013 (5) TMI 592 - DELHI HIGH COURT and in the said case the petitioner was an Aircraft Maintenance Engineering Training School, approved by the DGCA, for providing Aircraft Maintenance Engineering (AME) training and also to conduct examination as per the course approved by the DGCA. These facts are different from the facts of the instant case in as much that the Appellant is not empowered to conduct the examination but impart training and issues completion certificate, which serves the purpose of a document required for filing the application with the DGCA so as to attend the examination. Thus the said case law is not applicable to the facts and circumstances of the case in hand. The Appellant also referred the Circular No. 117/36/2019-GST dated 11.10.2019 wherein a clarification on applicability of GST exemption to the DG Shipping approved maritime courses conducted by Maritime Training Institutes of India to the effect that the Maritime Training Institutes and their training courses are approved by the Director General of Shipping and are recognized under the provisions of the Merchant Shipping Act, 1958 read with the Merchant Shipping (standards of training, certification and watch-keeping for seafarers) Rules, 2014 and thus the said institutes are educational institutions. It is observed that the said institutes are empowered to impart training and certification of the said training in terms of Merchant Shipping Act, 1958 read with relevant rules, whereas in the instant case the Aircraft Act and the Aircraft rules did not approve the Appellant as an institute for conduct of examination that yields to or results into a qualification, but only to issue course completion certificate which is useful only as one of the enclosure to file the application for the Type Rating Examination conducted by the DGCA. Further, there is no circular applicable to the said Type Rating training, being given by the Appellant and thus the Circular dated 11.10.2019 relevant to Shipping courses is not relevant in the instant case. Thus, the Authority for Advance Ruling have rightly held that the impugned services of the Appellant are not covered under entry number 66(a) of the Notification 12/2017-Central Tax (Rate) dated 28-06-2017, as amended and hence do not qualify for exemption from GST.
Issues Involved:
1. Whether the supply of education and training services to commercial pilots for obtaining the extension of Aircraft Type Ratings (ATR) on their existing licenses is exempt under SI. No. 66(a) of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017. 2. Whether the Appellant qualifies as an "educational institution" under the relevant GST notifications. 3. Whether the course completion certificate issued by the Appellant is recognized by law. Summary: 1. Exemption Under Notification No. 12/2017-Central Tax (Rate): The Appellant argued that their training services should be exempt from GST under SI. No. 66(a) of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017, as they provide training in accordance with the curriculum approved by the Directorate General of Civil Aviation (DGCA). The Authority for Advance Ruling (AAR) had previously ruled that these services are not exempt under the said notification. 2. Qualification as an Educational Institution: The Appellant contended that they qualify as an "educational institution" because they provide training that is part of a curriculum approved by the DGCA, which is necessary for obtaining a qualification recognized by law. The Appellate Authority examined whether the training provided by the Appellant meets the criteria of being part of a curriculum, yielding a qualification, and being recognized by law. 3. Recognition of Course Completion Certificate by Law: The Appellant claimed that the course completion certificate issued by them is recognized by law, as it is a prerequisite for pilots to apply for the extension of ATR with the DGCA. The Appellate Authority found that the certificate issued by the Appellant merely enables pilots to apply for the DGCA examination and does not, by itself, confer any statutory qualification. The DGCA's endorsement of the license after passing its examination is the statutory requirement, not the course completion certificate from the Appellant. Findings: 1. Commercial Activity and Supply: The Appellant's activity of providing Type Rating Training on simulators is a commercial activity and falls under the definition of "Services" in terms of Section 2(102) of the CGST Act 2017. These services are classifiable under SAC 9992 94 as "Other Education & Training Services." 2. Criteria for Educational Institution: The Appellate Authority observed that to qualify as an educational institution under the notification, the services provided must be part of a curriculum, yield a qualification, and the qualification must be recognized by law. The Appellant's training program does not meet these criteria as the course completion certificate is not a qualification recognized by law but a prerequisite for appearing in the DGCA examination. 3. Statutory Requirement and Employment: The Appellant's training does not directly result in a qualification or enable immediate employment. The DGCA examination and subsequent endorsement are the statutory requirements for pilots to be qualified to fly specific aircraft. 4. Reliance on Previous Cases and Circulars: The Appellant's reliance on previous cases and circulars was found to be inapplicable as the facts and legal provisions differed. The DGCA does not recognize the Appellant's certificate as a statutory qualification, unlike the maritime courses approved by the Directorate General of Shipping. Ruling: The Appellate Authority upheld the ruling of the Authority for Advance Ruling that the services provided by the Appellant are not covered under entry number 66(a) of Notification 12/2017-Central Tax (Rate) dated 28-06-2017, and hence do not qualify for exemption from GST. The appeal was dismissed.
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