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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 
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GST Update No 165 on GST payable on hostel services

GST Update No 165 on GST payable on hostel services
Levying of tax on the educational sector is a delicate but an important concern because, education is not just a business, but more of a social task which polishes our future generation. Government plays an important role by providing free and compulsory elementary education to every child. With the passage of time, commercialization of education has increased tremendously wherein the industry is moving towards earning high profits. Amid all this chaos, to maintain a symmetry, GST Act has kept core educational services provided/ received by the educational institutions out of tax bracket by virtue of Exemption Notification No. 12/2017 dated 28.06.2017 while other services are taxable at 18%. One issue linked to the subject line was raised in front of Rajasthan AAR in the case of M/s Mody Education Foundation wherein the advance ruling was sought as regards to GST liability in the case of hostel services provided. The decision imparted in the said case is subject matter of our present update. The applicant (MEF) is registered as a Society under Societies Registration Act, 1860. It is established as an educational institution engaged in providing various services to the students. It is running a CBSE affiliated school from class 3rd to 12th . There is one more entity Mody University of Science & Technology (MUST) which provides educational services to its students. Since, MEF was having surplus infrastructure facility, the same is let out to MUST and rent collected in this respect is chargeable at 18% GST. MUST is collecting hostel fee from its students which includes lodging, boarding and serving food in the hall and is exempt under GST under Entry No. 66 of Notification No. 12/2017. MEF shall collect charges from students directly amounting to less than Rs. 1000/- per day. MEF is of the opinion that hostel facility charges are exempt from GST vide Entry 14 of Notification No. 12/2017. Reference was made to Circular No. 32/06/2018-GST dated 12.02.2018. The applicant contended that since the above entry of providing lodging, boarding and food facility along with hostel facility is covered under ambit of composite supply and stands exempted since the principal supply is exempted. It was argued that the said services belong to SAC Group 9963 and therefore, stands exempted vide Entry 14 of Notification No. 12/2017. However, services supplied independently to the clients do not belong to the said Group and hence, are liable to tax at applicable rates. Reliance was placed on decision of Karnataka AAR in the case of Re Srisal Luxurious Stay LLP 2020 (36) G.S.T.L.462. The AAR analyzed and examined the provisions of GST Act. It was analyzed that it falls withing the definition of supply as per Section 7 of CGST Act, 2017. It was clarified that since no mention of number of students will stay in room is declared by the applicant therefore, there is no clarity of tariff value of a unit of accommodation, GST rates as per Notification No. 11/2017-Central Tax (Rate) dated 28.06.2017 shall be applicable. Concluding the above, it was held that since ingredients of composite supply do not exist as there the said supplies are not naturally bundled, the above supply will be mixed supply and consequently, chargeable at the highest rate of tax. Reliance made by the petitioner on M/s. Srisai Luxurious Stay LLP., Karnataka vide Advance Ruling No. KKR ADRG 20/2020, dated 31.03.2020], M/s Logic Management Training Institutes Pvt. Ltd. Kerla vide Advance Ruling No. KER/76/2019, dated 20.05.2020 was rejected on the basis that the facts of the above cases are different from the present case. The above subject matter has been a mater of discussion since long. The Courts and AAR are flooded with the said cases wherein clarification is sought by the applicant on the above subject matter. To illustrate in the case of Resonance Eduventures Limited, Rajasthan AAR held that supply of coaching services along with printed material, test papers, unforms etc. amounts to mixed supply and therefore, chargeable at highest rate of tax. However, there are various divergent views on the same which are disheartening for the taxpayers. To quote, recently, Karnataka AAR in the case of Ghodawat Eduserve LLP (GSTARA 72/2019-20/B-51) stated that no GST shall be leviable on hostel accommodation since it is only residential dwelling and there is no other supply and hence, it is covered under Entry No. 14 of Notification No. 12/2017 dated 28.06.2017. It is worth mentioning over here that although the advance rulings are binding on the applicant who sought the same, yet, looking at the present scenario, clarification from Government is this regard will be highly appreciated.
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