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IIM Kolkata is an educational institution; eligible for exemption benefit: AAR

November 6, 2018[2018] 99 taxmann.com 80 (AAR - WEST BENGAL)
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GST : IIM Kolkata is an 'educational institution' within meaning of sub-clause (ii) of clause 2(y) of Notification No. 12/2017-Central Tax (Rate) dated 28/06/2017 and it is eligible for benefit for exemption under Entry No. 66(a) of Notification No. 12/2017-CT(Rate) dated 28/06/2017, being an educational institution in terms of clause 2(y) of said notification

• The applicant, IIM Kolkata, an educational institution funded by the Government of India, was engaged, inter alia, in the provision of educational services to the students. It sought a ruling on the questions that after the introduction of the IIM Act w.e.f 31/01/2018; whether or not the applicant should be considered an 'educational institution'. If the applicant was eligible for exemption under Entry No. 66(a) of the Notification No. 12/2017 Central Tax (Rate) dated 28/06/2017 and from which date it should be effective. It contended that prior to the enactment of the IIM Act the applicant was exempted under entry no. 67 of the Exemption Notification.

• The applicant is an 'educational institution' within the meaning of sub-clause (ii) of clause 2(y) of Notification No. 12/2017-Central Tax (Rate) dated 28/06/2017.

• The applicant is eligible for benefit for exemption under Entry No. 66(a) of Notification No. 12/2017-CT(Rate) dated 28/06/2017, being an educational institution in terms of clause 2(y) of the said notification.

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