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Applicability of GST on various programmes conducted by the Indian Institutes of Managements (IIMs).

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..... ce". They are empowered to (i) grant degrees, diplomas, and other academic distinctions or titles, (ii) specify the criteria and process for admission to courses or programmes of study, and (iii) specify the academic content of programmes. Therefore, with effect from 31st January, 2018, all the IIMs are "educational institutions" as defined under notification No. 38/1/2017-Fin(R&C)(12/2017-Rate) dated 30.06.2017, published in the Extraordinary Official Gazette no. 3, Series I no. 13 dated 30/06/2017 as they provide education as a part of a curriculum for obtaining a qualification recognised by law for the time being in force. 2. At present, Indian Institutes of Managements are providing various long duration programs (one year or more) fo .....

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..... exemption benefit under Sl. No. 66 of notification No. 38/1/2017-Fin(R&C)(12/2017-Rate). As such, specific exemption granted to IIMs vide Sl. No. 67 has become redundant. The same has been deleted vide notification No. dated 31/12/2018, published in the Extraordinary Official Gazette no. 2, Series I no. 39 w.e.f. 1st January 2019. 5. For the period from 31st January, 2018 to 31st December, 2018, two exemptions, i.e. under Sl. No. 66 and under Sl. No. 67 of notification No. 38/1/2017-Fin(R&C)(12/2017-Rate). are available to the IIMs. The legal position in such situation has been clarified by Hon'ble Supreme Court in many cases that if there are two or more exemption notifications available to an assessee, the assessee can claim the one .....

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..... ng summary table may be referred to while determining eligibility of various programs conducted by Indian Institutes of Managements for exemption from GST. Sl.No. Periods Programmes offered by Indian Institutes of Management Whether exempt from GST (1) (2) (3) (4) 1 1st July, 2017 to 30th January, 2018 (i) two-year full time Post Graduate Programmes in Management for the Post Graduate Diploma in Management, to which admissions are made on the basis of Common Admission Test (CAT) conducted by the Indian Institute of Management, ii. fellow programme in Management, iii. five years integrated programme in Management. Exempt from GST i. One-year Post Graduate Programs for Executives, ii. Any programs other than those mentione .....

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..... power vested in them under the IIM Act, 2017. Such programmes are: 1. Post-Graduate Programme (PGP) - 2-year program 2. Post-Graduate Programme in Food and Agri-Business Management (PGP-FABM) - 2-year program 3. Fellow Programme in Management (FPM) - 4 to 5-year program 4. Post-Graduate Programme in Management for Executives (PGPX) - 12 months (l year) full time program 5. ePost-Graduate Programme (ePGP) - 2-year online program. This list is an example of long duration programs recognised under IIM Act, 2017 offered by IIM Ahmedabad. Similar programs offered by other IIMs of India may kindly be referred by IIMs and tax authorities during assessment. Annexure 2: Programmes not exempt under GST Law The executives / profes .....

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