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- Whether courses offered by an Indian Institute of Management (IIM) is exempted from GST ?
Whether courses offered by an Indian Institute of Management (IIM) is exempted from GST ?
Issue Favourable to Tax Payer ?:- yes
Held - All IIMs (which includes IIMB) became eligible for exemption as an educational institution with effect from 31st January 2018 under entry Sl.No. 66 of Notification No.12/2017 CT(R).
During the period 31st January 2018 to 31st December 2018, IIMB can avail the exemption under either Sl.No. 66 or Sl.No. 67 of Notification No 12/2017 CT(R) dated 28.06.2017 as amended. This has also been clarified by the CBIC vide Circular No 82.....
Issue Favourable to Tax Payer ?:- yes
Held - Circular No. 82/01/2019-GST (F. No. 354/428/2018-TRU) dated 01.01.2019 issued by the Government of India, Ministry of Finance, Department of Revenue, Tax Research Unit, dealt with the applicability of GST on various programmes conducted by the IIMs. It clarified that from 01.07.2017 to 30.01.2018, 11Ms were not covered by the definition of education institutions as given in Notification No. 12/2017-Central Tax (Rate) dated 28/06/2017 th.....
Issue Favourable to Tax Payer ?:- yes
Held - The Applicant is an “Educational Institution” within the meaning of sub-clause (ii) of clause 2(y) of the Exemption Notification in terms of the IIM Act. Exemption under Entry no. 66(a) is applicable to such educational institutions as such, especially as the law mentions that the qualifications awarded are to be “recognised by any law for the time being in force”. As Entry No. 67 specifically concerns IIMs, courses mentioned th.....
Issue Favourable to Tax Payer ?:- no
Held - Both Serial no. 66 and 67 are related to all educational services covered under the same Heading 9992. This leads us to the inescapable conclusion that Serial Number 67 has been carved out specifically and only for the educational services provided by the Indian Institutes of Management. In other words the Indian Institutes of Management have been segregated from all other educational institutes and the educational services provided by .....
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