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Budget 2013
Budget 2013 brought a huge change again in the education industry. The word services
provide “to or by” was replaced by “to”. This amendment has brought a drastic change in
the education sector. At the time of its introduction of this benefit in mega exemption
notification it granted relief to both the service providers and receivers from the levy of the
service tax but later on vide the its introduction in budget the benefit was restricted to
services which were only provided to educational institutions by way of
(a) Auxiliary educational services; or
(b) Renting of immovable property”
If we carry a detailed examination of the above amendment, than we could make out that
the intention of the lawmakers was never to withdraw the exemption in its entirety and
therefore it has only deleted the words “services provide by”, while services provided to
education institutions as specified before are still in the ambit of exemption of service tax.
But still the industry was in a state of dilemma as to what constitutes auxiliary services was
not specified by the board and it was no longer when the industry started taking the liberal
understanding of the same and started considering every service provided to them as
auxiliary education service. The intention of the law makers was not getting fulfilled due to
the terms of trade. It took almost more than a year since the original exemption was
granted to education sector for the board to come upfront for a clarification. Auxiliary
Education service was finally defined in Circular no 172/7/2013 dated 19th September, 2013
due to continuous approach of various institutions to the board. It was defined hereunder.
“Auxiliary education service means any services relating to imparting any skill, knowledge,
education or development of course content or any other knowledge–enhancement
activity, whether for the students or the faculty, or any other services which educational
institutions ordinarily carry out themselves but may obtain as outsourced services from
any other person, including services relating to admission to such institution, conduct of
examination, catering for the students under any mid‐day meals scheme sponsored by
Government, or transportation of students, faculty or staff of such institution.”