- Home
- Industry wise issues
- Health Care Sector
- Whether supply of medicines, surgical items, accomodation, food etc. provided to in-patients forms part of composite supply of Health Care Service?
Whether supply of medicines, surgical items, accomodation, food etc. provided to in-patients forms part of composite supply of Health Care Service?
Issue Favourable to Tax Payer ?:- not applicable
Held - The two supplies do not answer to the description of being “naturally bundled and supplied in conjunction with each other in the ordinary course of business”. While they were not bundled together as a matter of fact, in the instant case, there is also no material to suggest that they are so bundled and supplied in conjunction with each other in “the ordinary course of business”. In fact, the business model followed by the petiti.....
Issue Favourable to Tax Payer ?:- yes
Held - In the case at hand, the applicant being a hospital/ polyclinic undertakes services of diagnosis, treatment which comprises of providing bed/ ICU / room, nursing care, diagnostics including lab investigations and treatment surgical or otherwise under the directions of the Doctors. The hospital provides medicines, consumables, implants, etc. to the In-patients in the course of treatment on the directions of medical doctor for which the I.....
Issue Favourable to Tax Payer ?:- yes
Held - The supply of medicines, drugs and other surgical goods from its pharmacy to in-patients are in the course of providing health care services which are naturally bundled and are provided in conjunction with each other, would be considered as '“Composite Supply” and eligible for exemption under the category “health care services"
As per SRO.No.371/2017 vide sl.no.74 (Notification No. 12/2017-CT (Rate) dtd, 28-06-2017), service.....
Issue Favourable to Tax Payer ?:- yes
Held - In-house patients are admitted by the hospital to receive treatment from disease, illness, etc. Such patients are provided with stay facilities, medicines, consumables, implants, dietary food and other surgery items required for treatment. These patients receive medical facilities as per the scheduled procedure and have strict restrictions to ensure, the quality/quantity of items for consumption. These in-patients are provided medicines.....
Issue Favourable to Tax Payer ?:- yes
Held - The in-patient services are classified as exempted service under the sub-group 9993 11. Patients are only admitted to a hospital when they are extremely ill or have severe physical trauma. As far as an inpatient is concerned, hospital is expected to provide lodging, care, medicine and food as part of treatment under supervision till discharge from the hospital. The nature of the various services in a bundle of services will help in dete.....
- Whether courses offered by an institute as per a specified curriculum is exempted from GST ?
- Whether GST is applicable to grants / donations / aids received by Charitable Institute?
- Whether the interest component of EMI of loan advanced by the Bank is exempt from GST ?
- Whether GST is applicable on foreclosure charges on premature termination of loans ?
- Whether leasing of land for construction of property is leviable to GST ?
- Whether supplies ancillary to the transmission and distribution of electricity are exempt ?
- Whether services provided for conducting exams are eligible for GST exemption?
- Whether hostel accommodation provided by Trusts is exempted from GST ?
- Whether cheque bouncing / dishonoring charges collected from defaulting customers is leviable to GST ?
- Whether sale of land after undertaking development activities/ amenities is taxable supply under GST ?