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TMI BlogUnderstanding service tax in education sectorX X X X Extracts X X X X X X X X Extracts X X X X ..... Understanding service tax in education sector X X X X Extracts X X X X X X X X Extracts X X X X ..... ing. Besides the school education has been exempted from service tax, and for school and university courses, as also approved vocational studies, have been exempted. The focus and allocations made to higher education and the skill development programme. The following services relating to education are specified in the negative list - (1) pre-school education and education up to higher secondary ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... school or equivalent (2) education as a part of a prescribed curriculum for obtaining a qualification recognized by law for the time being in force. (3) education as a part of an approved vocational education course and thus there is no Service Tax on these services. This exclusion from service tax under Negative List is not a blanket exemption from Service Tax. 'Education as a part of curric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ulum for obtaining a qualification recognized by law' implies that only such educational services are in the negative list as are related to delivery of education as 'a part' of the curriculum that has been prescribed for obtaining a qualification prescribed by law. For a service to be in negative list under this entry the service should be delivered as part of curriculum. Conduct of degree course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s by colleges, universities or institutions which lead grant of qualifications recognized by law would be covered. taxmanagementindia.com Training given by private coaching institutes would not be covered in this entry as such training does not lead to grant of a recognized qualification and hence will be liable to Service Tax. However, they can avail the benefit of threshold exemption. Boarding ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... schools provide service of education coupled with other services like providing dwelling units for residence and food. If the charge for education and lodging and boarding are inseparable then it will be a case of bundled services. Thus their taxability will be determined as per terms mentioned under section 66F of the Act. Hence hereby the bundle of services will be treated as consisting entirel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y of such service which determines the dominant nature of such a bundle. In this case since dominant nature is determined by the service of education other dominant service of providing residential dwelling is also covered in a separate entry of the negative list, the entire bundle would be treated as a negative list service. For a services provided by way of education as a part of a prescribed c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urriculum for obtaining a qualification recognized by Indian law , .i.e. if it is recognized by law of a foreign country then it won't be covered in this negative list entry. Services provided by international schools giving certifications like IB by way of education up to higher secondary school or equivalent are covered in this entry. A course in a college which leads to dual qualification out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which only one is recognized by law would be treated as two separate services. Provision of dual qualifications is in the nature of two separate services as the curriculum and fees for each of such qualifications are prescribed separately. Service in respect of each qualification would, therefore, be assessed separately. If an artificial bundle of service is created by clubbing two courses tog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ether, only one of which leads to a qualification recognized by law, then under the principles of bundled services it will attract service tax. services of conducting admission tests for admission to colleges in case the educational institutions are providing qualification recognized by law for the time being in force are covered under this entry, hence exempt from service tax. Placement service ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s provided to educational institutions for securing job placements for the students not covered in this negative list entry, hence taxable. Even the services provided by educational institutions to prospective employers like corporate houses/ MNCs, who come to the institutes for recruiting candidates through campus interviews are liable to service tax on the fees charged by as such services are n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot covered in the negative list. Now the question arises what are courses that would qualify as an Approved vocational education courses, they have been specified in section 65B of the Act. These are - • a course run by an industrial training institute or an industrial training centre affiliated to the National Council for Vocational Training, offering courses in designated trades as notifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed under the Apprentices Act, 1961(52 of 1961) • a Modular Employable Skill Course, approved by the National Council of Vocational Training, run by a person registered with the Directorate General of Employment and Training, Ministry of Labour and Employment, Government of India; • a course run by an institute affiliated to the National Skill Development Corporation set up by the Gover ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nment of India.. Likewise, auxiliary educational services and renting of immovable property by educational institutions in respect of education will not be taxed. However, coaching classes and training institutions will be taxed. Reply By Upen Patel as = Dear Sir We provide admission service to Universities Abroad (In Australia, USA etc...). Their qualification are recognized in India and equ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ivalent to Indian qualification. is our service to University exempted under services relating to admission ?
Note: In this case University paying us for admission services. We are not charging student.
Regards
Upen
Dated: 9-9-2015 X X X X Extracts X X X X X X X X Extracts X X X X
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