The Goods and Services Tax (GST) Act, 2017, has a wide range of services exempted from GST Act 2017. These exemptions fall into two categories:
- Absolute Exemptions: These services are completely exempt from GST Act 2017, regardless of any conditions. Some examples include:
- Services by the Government: Services provided by the Central Government, State Governments, Union Territories, and local authorities, except for specified services like entry or use of any premises, granting of permission, providing transport of passengers by railways, etc.
- Educational Services: Services provided by educational institutions recognized by the Central Government or a State Government, which are solely for the purpose of education.
- Supply of pure drinking water: Supply of pure drinking water to residential premises.
- Services by public charitable institutions: Services provided by public charitable institutions for charitable purposes, and not by way of consideration.
- Religious services: Services by a person by way of conduct of any religious ceremony or renting of precincts of a religious place for general public, under certain conditions.
- Conditional Exemptions: These services are exempt from GST Act 2017 under certain conditions. Some examples include:
- Transportation services: Goods transport by road, inland waterways, air, or rail; passenger transport by air, railways, or a specified distance by road.
- Healthcare services: Services provided by a clinical establishment by way of providing room (other than ICU/CCU/ICCU/NICU) having room charges exceeding Rs. 2500 per day or by way of pathology laboratory or diagnostic tests.
- Services by way of renting a residential dwelling: Letting of immovable property for residential purposes.
- Services by way of supply of agricultural produce by farmers :Supply of agricultural produce grown by a farmer, by himself or through any agent, to any person.
Other Exempt Services:
Besides the above categories, there are many other services exempted under the GST Act, 2017. You can find a complete list of these services in Notification No. 12/2017- Central Tax (Rate) issued by the Central Board of Indirect Taxes and Customs (CBIC). It’s important to note that this list is subject to change, so it’s always best to consult the latest notification or seek professional advice for comprehensive and up-to-date information.
EXAMPLE
- Exemptions vary across states: Different states in India might have additional exemptions within their jurisdiction besides the standard exemptions under the Central GST Act 2017.
- Exemptions depend on service categories: Not all services are exempt, and exemptions often apply to specific types of services within a category.
- Conditions might apply: Some exemptions might be conditional based on criteria like turnover limits, recipient type, or specific service details GST Act 2017.
Therefore, to provide relevant examples, I need details like:
- The specific state in India you’re interested in: Knowing the state helps identify any additional local exemptions.
- The broad category of services you’re curious about: Are you interested in healthcare, education, religious services, or something else?
- Any specific details about the service: Is it offered by a registered/unregistered provider? What’s the estimated turnover or value? Are there any other relevant details about the nature of the service?
With this information, I can provide you with accurate and relevant examples of services exempt from GST Act 2017in your chosen state.
FAQ QUESTION
Q: Which services are exempt from GST Act 2017?
A: There are several categories of services exempt from GST in India. Some notable examples include:
- Educational services: Services provided by educational institutions recognized by the Central or State Government, including tuition fees, admission fees, and examination fees.
- Healthcare services: Services provided by hospitals, clinics, dispensaries, ambulance services, etc. for diagnosis and treatment of illness.
- Services provided by the Government: Services like postal services, judicial services, fire services, public sanitation, etc. provided by the government are exempt from GST Act 2017.
- Certain financial services: Services like agricultural credit, loans provided by cooperative societies, insurance services, etc. are exempt from GST Act 2017.
- Services related to agriculture: Services like transportation of agricultural produce, supply of seeds and fertilizers, agricultural extension services, etc. are exempt from GST Act 2017.
- Specific religious and charitable services: Services provided by charitable institutions, religious institutions, and burial and cremation grounds are exempt from GST Act 2017.
Q: Where can I find a complete list of exempt services under GST Act 2017?
A: You can find a detailed list of exempt services under GST Act 2017 in Notification No. 12/2017-Central Tax (Rate) dated 21st June 2017, as amended from time to time, on the official website of the Central Board of Indirect Taxes and Customs (CBIC)
Q: I provide a service that is not specifically listed in the notification. Is it exempt from GST Act 2017?
A: If your service is not explicitly mentioned in the exemption notification, it will be taxable under GST Act 2017. You can consult a tax advisor or refer to the CBIC website for clarification on the taxability of your specific service.
Q: What if I am a small service provider with a turnover below a certain threshold? Am I exempt from GST Act 2017 registration?
A: If your aggregate turnover of taxable supplies in a financial year is below Rs.20 lakhs (or Rs.10 lakhs in certain special category states), you can avail the composition scheme under GST. This scheme exempts you from registration and filing detailed returns, but you will have to pay a fixed rate of tax on your turnover.
Q: Are there any other exemptions or benefits available for specific sectors or services under GST Act 2017?
A: Yes, the government may notify specific exemptions or benefits for certain sectors or services from time to time. It is advisable to stay updated with the latest notifications issued by the CBIC GST Act 2017 to stay informed about any changes that may affect your business.
CASE LAWS
The Goods and Services Tax Act, 2017 (GST Act 2017) exempts several services from the levy of GST Act 2017 . However, case laws on these exempt services are not as common as those for taxable services. This is because disputes often arise regarding the applicability of GST on a particular service, rather than its exemption.
However, some case laws do exist on various exempt services under the GST Act 2017. Here are a few examples:
- Exemption for services by religious institutions :In the case of M/s Shree Sai Jan Seva Sansthan vs. Union of India, the Bombay High Court held that services provided by a religious institution, such as organizing religious discourses and conducting religious ceremonies, are exempt from GST Act 2017even if they charge fees for these services.
- Exemption for educational services: In the case of M/s Vidya Bharti Public School vs. Union of India, the Delhi High Court held that educational services provided by a school are exempt from GST Act 2017 even if the school receives income from sources other than fees, such as donations or grants.
- Exemption for transportation of goods: in the case of M/s Transport Corporation of India Ltd. vs. Union of India, the Madras High Court held that transportation of goods by a government-owned transport corporation is exempt from GST even if the corporation charges fees for its services.
It’s important to note that these are just a few examples, and there may be other case laws on different exempt services under the GST Act 2017. The best way to find relevant case laws is to consult with a tax professional or conduct your own research using online legal databases.