Saturday, 24 January 2015

Education Services under Negative List – Service Tax


The inclusion in / exclusion from negative list [section 66D(l) of Finance Act, 1994 ] for different types of education related services can be illustrated as follows :


Nature of ServiceTaxability
School education upto 12th   standardCovered under negative list – Not taxable.
School examinations fee, etc.It is part of education and hence covered under the negative list – Not taxable
Conveyance facilities to studentsIf part of education and cannot be separately covered under negative list – Not taxable
Approved vocational educational courseCovered under negative list – Not taxable
Boarding school (package offered inclusive of   food, rent, etc.)Covered under negative list – Not taxable; Essential character being education, non-taxable as per rule of bundled services
College education (affiliated to an Indian university)Recognized by law, covered in negative list – Not taxable
Test for admission in a college / institutionIf recognized by law, covered in negative list – Not taxable
Campus recruitment feeTaxable
Courses recognized by foreign lawNot covered under negative list – Taxable
Coaching centre’s servicesTaxable
Placement servicesTaxable
Grants-in-aidAs per Rule 6(2)(vii) of the Service Tax (Determination of Value) Rules, 2006, subsidies and grant disbursed by the Government, not directly affecting the value of service, will be excluded from the value of service – Not taxable

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