Dr. Sanjiv Agarwal
W.e.f. 01.07.2012, the concept of Service Tax has changed. What is taxed now is an activity which gets covered under the scope of ‘service’ as defined in section 65B(44) of the Finance Act, 1994 as amended.
Charge of Service Tax on and after 1.07.2012 is defined under section 66B of the Finance Act, 1994. Section 66B states that Service Tax shall be charged at the rate of 12% on value of all taxable services i.e., other than those specified in the negative list or exempted services, which are provided or agreed to be provided in the taxable territory by one person to another and collected in such manner as may be prescribed.
Section 66B specifies the charge of service tax which is essentially that service tax shall be levied on all services provided or agreed to be provided in a taxable territory, other than services specified in the negative list. Thus, as per charging section 66B, Service Tax shall be applicable on all services except negative list services or services which are specifically exempt from Service Tax.
Services relating to Education Sector covered under Negative List
Section 66D of the Finance Act, 1994 contains Negative List of Services. The clause (l) of section 66D relates to education related services. The said clause (l) of Section 66D of the Act provides for the following negative list services in relation to educational sector:
Services by way of—
(i) pre-school education and education up to higher secondary school or equivalent;
(ii) education as a part of a curriculum for obtaining a qualification recognized by any law for the time being in force;
(iii) education as a part of an approved vocational education course
According to the negative list, there are three categories of education covered under this list and hence non-taxable:
→ Pre-school education – includes play schools, pre-nursery and nursery schools, crèche, day care centre, pre-kindergarten or any such purpose school or centre by whatever name called.
As per www.newworldencyclopedia.org, ‘Preschool education’ is education that focuses on educating children from the ages of infancy until six years old. The system of preschool education varies widely, with different approaches, theories, and practices within different school jurisdictions. The term preschool education includes such programs as nursery school, day care, or kindergarten, which are occasionally used interchangeably, yet are distinct entities. While pedagogies differ, there is the general agreement that pre-school is responsible for providing education before the commencement of statutory education.” In academic parlance, ‘pre-school / early childhood education’ is defined as a pedagogical approach covering the education of children from the period from birth to six years of age.
→ Education upto higher secondary school or equivalent – includes school education which is up to higher secondary (12th standard) or equivalent level (say, intermediate). Any education beyond higher secondary is not covered here. The use of expression ‘equivalent’ provides wider scope to school education implying that all education up to school leaving are in negative list. Even if it is provided by international school providing international certificate, it will be out of Service Tax net.
→ Education as a part of curriculum leading to recognized qualification – unlike school education where any school education is covered, education qualifies for negative list only if certain conditions are met, viz,
(i) education must be imparted as part curriculum
(ii) such education should be for obtaining a qualification (say a degree, diploma, certificate etc.)
(iii) such qualification should be recognized by any law (Indian law only) for the time being in force.
If any of the aforementioned conditions is not satisfied, the education shall not qualify to be under the negative list. The use of words “law for the time being in force” implies that such laws as are applicable in India at a given point of time. In such cases, education is imparted under a prescribed syllabus or curriculum and the education must be imparted as a part of such curriculum, i.e. it must be a part of syllabus for such course or qualification. However, education leading to foreign qualifications shall be liable to payment of Service Tax. In Indian, context, it may be noted that recognition is granted by bodies such as University Grants Commission (UGC), All India Council of Technical Education (AICTE) etc.
→ Approved vocational education course – Approved vocational education course has been defined in section 65B(11) of the Finance Act, 1994. These are –
- a course run by an industrial training institute or an industrial training centre affiliated to the National Council for Vocational Training, offering courses in designated trades as notified under the Apprentices Act, 1961. (w.e.f. 10-5-2013, affiliations to State Council for Vocational Training are also covered)
- a Modular Employable Skill Course, approved by the National Council of Vocational Training, run by a person registered with the Directorate General of Employment and Training, Ministry of Labour and Employment, Government of India.
- a course run by an institute affiliated to the National Skill Development Corporation set up by the Government of India. (only upto 9-5-2013).
The admission / examination fee is covered under negative list. Further, tuition fee or development fees are also not liable for Service Tax. When students avail the services of admission / development / examination and pay the fees in respect of such services alongwith basic tuition fee, it may be considered as a case of bundled services where tuition is having dominant nature covered under negative list and accordingly, all other fees charged mandatorily along with tuition fees would not be liable for service tax.
Services not in Negative List
Negative list may, therefore, not include –
a) Private tuitions
b) Education as a part of prescribed curriculum for obtaining qualification recognized by law of a foreign country
c) Services provided to educational institutions (except covered elsewhere)
d) Placement services
e) Services provided by educational Institutes such as IITs, ITMs charge a fee from prospective employers like corporate houses / MNCs, who come to the institutes for recruiting candidates through campus interview.
Examples
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 Service | Taxability |
| School education upto 12th standard | Covered 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 students | If part of education and cannot be separately covered under negative list – Not taxable |
| Approved vocational educational course | Covered 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 / institution | If recognized by law, covered in negative list – Not taxable |
| Campus recruitment fee | Taxable |
| Courses recognized by foreign law | Not covered under negative list – Taxable |
| Coaching centre’s services | Taxable |
| Placement services | Taxable |
| Grants-in-aid | As 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 |
Read Other Articles from Dr. Sanjiv Agarwal
Author Bio
Is the Fees payable through School Online Portal (by CC/Net Banking etc) attract Service Charges?
I want to know that Computer Institute approve by NIELIT (Service Provider). is service tax applicable or Not
Dear Sir,
I want to know that Engineering College approve by AICTE . is service tax applicable or Not.
where are service tax applicable in MBA college?
where service tax are applicable in MBA college?
Are Security Services to educational institutions that imparts higher education ( College that runs degree courses like MBA, B.tech) taxable under service tax? What about the Schools and Preschools?
And as per this notification, what can we imply for FY 2014-15 and 2015-16?
https://taxguru.in/service-tax/mega-exemption-list-services-vide-notification-62014st-dated-1172014.html
Dear Sir
We provide admission service to Universities Abroad (In Australia, USA etc…). Their qualification are recognized in India and equivalent to Indian qualification. is our service to University exempted under services relating to admission ?
Note: In this case University paying us for admission services. We are not charging student.
Regards
Upen
Ministry of Rural Development programs under National Rural Livelihood Mission (NRLM) is a poverty alleviation project.This scheme is focused on promoting self-employment and organization of rural poor. The basic idea behind this programme is to organize the poor into SHG (Self Help Groups) groups and make them capable for self-employment. These programs undertaken by the Project Implementation Agencies are neither covered under clause 11 of Section 65B of the Finance Act nor under the statutory provisions of clause I(iii) of 66D of the Finance Act, 1994. Is there anyway, such services are exempt from service tax leviability.
Sir,
Since the degree or course recognized by Foreign Law in force is not exempted would it mean that payments remitted/paid outside India for student enrolled in foreign university and availing education/tution in university abroad say Australian University at Australia or Dubai is liable for service tax?
Similar example is of Income Tax payable on capital gain or rental receipt by Indian Resident from Investment in Properties abroad.
Is my belief that Indian Government would have no jurisdiction to levy tax on service availed abroad correct?
It may also be considered that the service availed would be actually by Parent/s in most cases [unless student self finances if permissible so while stay abroad as NRI during studies] who pays for the same whether child [student] is minor or adult [being non-earining in most cases].
Indian pupil ambit of compete the world with ground level of education is not yet suffice. In the meanwhile why the negative list on education system & else be taxed. Liberal environment must focus thru’ edu.sys. over business lines.
Dear Sir,
Please refer link https://taxguru.in/income-tax/service-tax-educational-institutions-finance-act-2013.html it says that activity of renting is exempt only if one education body rents to other body. This does not seem to be the intent of law, please throw some light.
Thanks
S K Goyal 9891271854
Now Education in India is developing. unnecessarily, they imposed service tax on coaching centres and other relative types. Class education is not sufficient to get in the competation. coaching from other sources are also required to get the better employment and to withstand in the completative world. with out coaching centres it is not possible to attend competative examinations even to join for higher studies also.
thanks