2026-VIL-157-AAR

SGST Advance Ruling Authority

GST – Kerala AAR - Health Insurance – Exemption under Sl. No. 40 of Notification No. 12/2017-Central Tax (Rate) – Applicant-insurance company selected by Government of Kerala to implement MEDISEP Phase-II covering State Government employees, pensioners and eligible family members – Government undertook to pay entire annual premium of Rs. 8,244/- per Beneficiary Family Unit – Whether health insurance services provided to Government of Kerala under MEDISEP Phase-II in respect of identified beneficiaries are covered under Sl. No. 40 of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 and therefore exempt from GST – HELD – The Sl. No. 40 exemption requires three conditions i.e. services provided to Central Government, State Government or Union Territory; services provided under insurance scheme; and total premium paid by government. The Notification does not stipulate that Government itself be insured person or receive insurance benefits or that scheme relate only to government property – The expression "any insurance scheme" is of wide amplitude not restricted to schemes covering government property - Government is solely liable to pay entire premium in respect of beneficiaries under contractual terms. Employees, pensioners and family members are insured beneficiaries whose identity does not undermine that insurance service is supplied to Government - Government of Kerala is recipient of service under Section 2(93) definition as it is liable to pay consideration - CBIC Circular No. 16/16/2017-GST supports that exemption applies where entire premium paid by government, identity of insured persons not determining factor - All conditions of Sl. No. 40 is satisfied; health insurance services exempt from GST subject to continued fulfillment of condition that entire premium remains payable by Government – Ordered accordingly

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