Coaching
Classes are not eligible for GST Exemption, Rules Andhra Bench of AAR
Coaching classes do not get any exemption from Goods and
Service Tax (GST), this position was reiterated by a
ruling given by the Andhra Pradesh bench of the Authority for Advance Rulings
(AAR). A similar stand has been taken earlier,
including by the Maharashtra bench of the AAR.
Entry No 66 of the relevant notifications provides
exemption to educational services, if these are provided by
an educational institution, subject to certain conditions. These are: the service provided is related to education, the
education is provided as a part of a curriculum and the education is provided
for obtaining a qualification recognised by any law
for the time being in force.
The applicant, Master Minds, was offering a variety of
coaching courses (regular, crash courses, revision exam courses) with different
fee structures and curriculum options to aspirants (students) of chartered
accountancy and cost accountancy streams.
The AAR bench noted that such coaching is not mandatory
to be conferred an Inter or Final certificate by the Institute of
Chartered Accountants and the Institute of Cost
Accountants, both of which are statutory bodies.
The coaching class was not issuing any coaching completion
certificate or any study certificate, in respect of the chartered accountancy
and cost accountancy courses.
Master Minds was not accredited or affiliated to, or recognised, or authorised by
these two professional Institutions for imparting coaching or training. These
professional institutions were themselves offering coaching and training to the
aspirants through their regional councils or branches or certain accredited
bodies, in accordance with the prescribed curriculum.
Given the above, the AAR held that the coaching class was
not eligible for the exemption provided by the GST notification. The coaching
class will have to levy and collect GST at 18%. Likewise, charges collected for
providing accommodation and catering services to its students would not get the
benefit of any GST exemption.