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Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

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GST Update No 152 on leviability of GST on Guest Lectures by professor

GST Update No 152 on leviability of GST on Guest Lectures by professor
The concept of Advance Ruling plays a vital role, particularly when there is confusion as regards the applicability of exemption notification to the assessee. At times, there is situation wherein goods/services appear to be covered under more than one exemption entry and there is confusion as regards the taxability of the said goods/services. Recently, the issue regarding leviability of GST on the guest lectures rendered by professor was raised before Karnataka AAR in the case of SRI SAIRAM GOPALKRISHNA BHAT. The analysis of this decision is subject matter of our present update. The applicant is a Professor of Law at National Law School of India University, Bengaluru and is engaged in classroom teaching of students. The applicant sought advance ruling as to whether the income earned for conducting Guest Lectures amounts to taxable supply of service. Further, whether income earned from research and training projects sponsored by the Ministry of Government is a taxable supply, taxed at NIL rate as per Heading 9992 or at 18% under Heading 9983. The applicant contended that the services provided by way of training is recreational activities related to art and culture and hence, exempt under Entry No. 80 of the notification no. 12/2017. The applicant further submitted that teaching and training under research program granted by Government of India is nature of pure services under Article 243G or 243W of the Constitution of India. Further, the said activities are covered under serial no. 72 of Notification No. 12/2017 since the entire expenditure is borne by Government and it stands exempted from tax bracket. The applicant also submitted MOU between Ministry of Environment and Centre of Environment Law Education in support of the contentions placed by them. Reliance was placed on the decision of Apex Court in the case of LOKA SHIKSHANA TRUST wherein it was held that ‘education’ was defined as a process of training and developing knowledge, skill and character of students by normal schooling. The AAR held that the services provided by the applicant as a guest lecturer is not covered under the list of exemption of educational activity since it is not known that the guest lecture is part of the curriculum designed by the educational institution. Further, the applicant is providing guest lectures on law and legal awareness and not on art and culture. Therefore, it shall not be covered under Entry No. 80 pertaining to recreational services. It was held that the services provided by the applicant in the capacity of guest lecturer shall be taxable at 18% GST as the same is covered under “other professional, technical and business services”. Moreover, it was stated that in order to claim exemption of Entry No 72, two conditions are required to be fulfilled i.e. training services to be provided only to Government and total expenditure is to borne by Government itself in this regard. Furthermore, it was held that there is no privity of contract between Ministry of Environment, Government of India and the applicant. Therefore, it was concluded that the above service shall stand taxable at the rate of 18%. The above decision is yet another example that reflects that the exemption notifications are to be interpreted in a strict manner as merely providing guest lectures to an educational institute would not entitle the lecturer for exemption unless and until it is established that the said lectures were part of the curriculum offered by the educational institute. However, GST liability may be avoided in this case if the guest lecturer is on the payroll of the educational institute and there exists employer/employee relationship between them but practically the guest lecturers are not employees of the educational institute. The efforts of the applicant to get the transaction covered under either of the exemption entries-3, or 72 or 80 of the notification no. 12/2017-Central Tax were in vain as the AAR concluded that the said services are liable to GST at the rate of 18%.
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