Non-profit organization registered u/s 12AA of Income Tax Act, ...

Non-Profit Wins Appeal: Activities Under Architects Act Deemed Exempt from Service Tax, Fees Not Taxable as Services.

July 30, 2024

Case Laws     Service Tax     AT

Non-profit organization registered u/s 12AA of Income Tax Act, 1961 - alleged violation of Finance Act and Service Tax Rules - applicability of mega exemption notification and negative list exemption - HELD: Appellant's activity covered under Entry No. 9 of mega exemption notification exempting services by any person other than business entity - appellant a statutory body carrying out functions under Architects Act without commercial motive - fees collected for regulatory purposes like inspection, approval of institutions, promotion of architectural education - appellant registered as charitable trust under IT Act - department's circular clarifying exemption for educational institutions - prior circular stating no service tax on statutory functions by sovereign/public authorities - CESTAT ruling fees deposited in government treasury for mandatory statutory functions not taxable service - appellant complying with quantitative limit for charitable purpose under IT Act - demand set aside, appeal allowed.

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