2025 (3) TMI 313 - AAAR - GST

Exemption from service tax - lump-sum amount received for Health care Services to be provided for 20 years by the applicant as Diamond Plan - applicability of Sr. No. 74 of Notification No. 12/2017-Central Tax. - HELD THAT - The appellant has now vide Annexures H and I to the appeal papers attached only a single sheet of paper listing out the details of Diamond plan and has also submitted a copy of the bill of supply No. 3/2021-22 dated 12.8.2021 issued to one of their customers. The only option left is to reject the appeal filed by the appellant on the grounds that they have not provided the relevant documents to enable us to decide the matter. Appeal rejected.

Summary

The present appeal before the Appellate Authority for Advance Ruling in Gujarat involves M/s. Divyajivan Healthcare Pvt. Ltd. ("Appellant") challenging the Advance Ruling No. GUJ/GAAR/R/01/2022 dated 07.01.2023. The main issue raised is whether the lump-sum amount received for health care services to be provided for 20 years under the "Health Care Service (Diamond Plan)" is exempt from Goods and Services Tax (GST) under Sr. No. 74 of Notification No. 12/2017-Central Tax.The Appellate Authority considered the appellant's plan, which includes various health care services for a 20-year period at a lump-sum fee. The plan covers hospitalization benefits, preventive health check-ups, advanced health check-up services, special health care treatments, and privilege card benefits. The appellant also plans to digitalize health records for easy access and provide reminders and health education tips to members.The Gujarat Authority for Advance Ruling (GAAR) initially found that the appellant had not submitted sufficient documentation regarding the nature and characteristics of the services provided under the Diamond Plan. The GAAR highlighted the lack of details on the tie-ups with other hospitals and the scope of services to be provided. Consequently, the GAAR ruled the application as not maintainable on 18.10.2021.The Appellant contested this ruling, arguing that the services offered qualify as health care services exempted under the relevant notification. They claimed to have submitted detailed information on the services under the Diamond Plan and emphasized restrictions on availing treatment outside the appellant's network.After a personal hearing on 21.01.2025, the Appellate Authority reviewed all submissions, including the appeal papers, written submissions, and the Advance Ruling. The GAAR's ruling dated 07.01.2023 was upheld due to the appellant's failure to provide the requested documents despite submitting some additional information during the appeal process. The Appellate Authority noted the incomplete set of documents and rejected the appeal on the grounds of insufficient evidence to make a decision.In conclusion, the Appellate Authority for Advance Ruling in Gujarat rejected the appeal by M/s. Divyajivan Healthcare Pvt. Ltd. against the Advance Ruling No. GUJ/GAAR/R/01/2022 dated 07.01.2023, as the appellant failed to provide the necessary documents to support their case, leading to the ruling being deemed not maintainable.