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Case Law Details

Case Name : In re Security and Intelligence Services (India) Ltd. (GST AAR Maharastra)
Appeal Number : No. GST-ARA- 125/2018-19/B-58
Date of Judgement/Order : 24/05/2019
Related Assessment Year :
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In re Security and Intelligence Services (India) Ltd. (GST AAR Maharastra)

We find that the applicant has been given the status of a Deemed University by the University Grants Commission. The UGC was formally established 1956 as a statutory body of the Government of India through an Act of Parliament for the coordination, determination and maintenance of standards of university education in India. Since the VNIT has been recognized by the UGC, this would imply that the courses conducted by the applicant are recognized by law. We find that the education provided by VNIT is a part of a curriculum for obtaining a qualification recognised by any law for the time being in force.

The provisio to Serial No. 66 of Notification No. 12/2017 mentioned above very clearly states that only services provided to an educational institution which provides services by way of pre-school education and education up to higher secondary school or equivalent, will be exempt. In the subject case the applicant is not providing services, as an educational institution, by way of pre-school education and education up to higher secondary school or equivalent. Hence Security services provided in the instant case will not be exempt from payment of GST.

FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING MAHARASHTRA

The present application has been filed under section 97 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”) by SECURITY AND INTELLIGENCE SERVICES (INDIA) LTD, the applicant, seeking an advance ruling in respect of the following questions.

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