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TMI BlogClarifications regarding applicability of GST on certain services.X X X X Extracts X X X X X X X X Extracts X X X X ..... hereby eligible for the privileges to conduct the course/program of study for the degree/title extended by the University to the students enrolled in such institutions. The affiliation services provided by the universities to colleges are not by way of services related to the admission of students to such colleges or the conduct of examinations by such colleges. 2.3 Thus, as recommended by the 54th GST Council, it is hereby clarified that the affiliation services provided by universities to their constituent colleges are not covered within the ambit of exemptions provided to educational institutions in the notification No. 1136-F.T. dated 28.06.2017 and GST at the rate of 18% is applicable on the affiliation services provided by the universities. 3. Applicability of GST on the service of affiliation provided by Central and State educational boards or Councils, or other similar bodies, to schools: 3.1 Representations have been received to clarify the applicability of GST on the service of affiliation provided by the Central and State educational boards or councils, or other similar bodies, to schools and to regularize the payment of tax on such services for the past period. 3.2 The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ceived regarding the applicability of GST on the DGCA-approved flying training courses conducted by Flying Training Organizations (FTOs) which are approved by the Directorate General of Civil Aviation (DGCA). The same has been examined. 4.2 Under GST Law, vide Sl. No. 66 of the notification No. 1136-F.T. dated 28.06.2017, services provided by educational institutions to its students, faculty and staff are exempt from levy of GST. In the above notification, educational institution has been defined to mean an institution providing services by way of education as a part of a curriculum for obtaining a qualification recognized by any law for the time being in force. 4.3 In exercise of the power vested by Section 5 of the Aircraft Act, 1934, the Central Government has made the Aircraft Rules, 1937, which, inter-alia, provide for approved training , i.e. training, the curriculum of which has been approved by the DGCA, and approved training organization , i.e. a flying training organization which shall obtain the approval of the DGCA before the students are enrolled to acquire flying experience. The said rules further state that flying experience required for the issue of private pilot an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rate independent supplies: 6.1 Representations have been received to clarify whether incidental/ ancillary services such as loading/ unloading, packing, unpacking, transshipment, temporary warehousing etc., provided in relation to transportation of goods by road is to be treated as part of Goods Transport Agency (GTA) service, being composite supply, or these services are to be treated as separate independent supplies. 6.2 It has been brought to notice that enforcement agencies are raising demands for such services holding them leviable to GST at the rate of 18% by interpreting last para of Question No. 6 of the FAQ issued by CBIC which states that If such incidental services are provided as separate services and charged separately, whether in the same invoice or separate invoices, they shall be treated as separate supplies , to mean that if a GTA shows packing charges, loading, unloading charges etc., separately in the invoice, the GTA becomes liable to pay GST at the rate of 18% on these services by treating them as cargo handling services. 6.3 After deliberations on the issue and based on recommendations of the 54th GST Council, it is hereby clarified that ancillary or incidenta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erential Location Charges (PLC) paid along with the consideration for the construction services of residential /commercial/industrial complex forms part of composite supply where supply of construction services is the main service and PLC is naturally bundled with it and are eligible for same tax treatment as the main supply of construction service. 9. Regularizing payment of GST on certain support services provided by an electricity transmission or distribution utility: 9.1 GST Council in its 54th meeting held on 9th September, 2024 has recommended to exempt supply of services by way of providing metering equipment on rent, testing for meters/transformers/capacitors etc., releasing electricity connection, shifting of meters/service lines, issuing duplicate bills etc., which are incidental or ancillary to the supply of transmission and distribution of electricity provided by transmission and distribution utilities to their consumers. 9.2 The same have been exempted vide notification No. 1786-F.T. dated 22.11.2024 effective from 10.10.2024. 9.3 The GST Council in its 54th meeting has also recommended to regularize the payment of GST for supply of such services for the period i.e., f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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