AAR: Training services to state-controlled society taxable; Entry 72, Entry 3B exemptions inapplicable; full ITC allowed
Case-Laws
GST
AAR held that services rendered by the applicant to the recipient-society are not exempt under Entry 72 of Notif. No. 12/2017-CT (Rate) because the recipient, though under administrative control and funding of the State, is a separate legal entity registered as a society and cannot be treated as the Central/State Government or a Government Department. It may at best qualify as a Governmental Authority/Entity, but the training, skill development and capacity-building services supplied do not fall within the limited categories exempted under Entry 3B of Notif. No. 13/2023-CT (Rate). Consequently, the supplies are taxable. As a corollary, AAR held the applicant is entitled to full ITC on GST charged by subcontractors for such services, subject to satisfaction of statutory conditions under the CGST Act and Rules.
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