2026-VIL-177-AAR

SGST Advance Ruling Authority

GST - Exemption under Entry 66(a) of Notification No. 12/2017-Central Tax (Rate) to fees for diploma and certificate programmes of a statutory University - Applicant, a University, propose to introduce diploma and certificate programmes and charge fees from enrolled students - Whether the fees charged from students enrolling in such programmes form part of educational services provided by an educational institution to its students and are exempt under Entry 66(a) - HELD - An educational institution under clause 2(y)(ii) must provide education as a part of a curriculum for obtaining a qualification recognised by any law for the time being in force. Curriculum is a composite, well defined and prescribed course of studies, and a diploma course with a structured curriculum is education as a part of curriculum for obtaining a qualification - Reading Circular No. 82/01/2019-GST and Circular No. 117/36/2019-GST together, qualification includes a diploma, the diploma course should be a long duration programme of one year or more. The short duration diploma or certificate courses are not covered by the definition - Where the institution is a product of a statute with power to confer diplomas and certificates and to specify the academic content, its long duration courses qualify as recognised by law, since 'recognised by law' is a wide expression and does not require that the qualification be conferred by statute - Under the State Act the applicant can institute diplomas and certificates, and the Academic Council and Executive Council approve curricula and regulations, but short duration courses are not included - The Applicant qualifies as an educational institution for long term diploma and certificate courses, and the fees are exempt if the duration of the course is one year or more – Ordered accordingly

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