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GST apllicability

md abdullah (graduate) (42 Points)

30 May 2018

If one provides open admission Councelling services to students free of cost on behalf of different educational institutions for courses like engineering ,hotel management etc and students getting admission through that Counselling also get fees concession. In return educational institutions pay consideration to consellor net of TDS . Will GST apply in that transactions.

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5 Replies

Pankaj Rawat (GST Practitioner) (55062 Points)
Replied 30 May 2018

Yes , GST is applicable

anchal goyal (17 Points)
Replied 30 May 2018

in this case, there is two transactions .one is between counslr n student, on this trnsctn no gst bcoz no considertn and other trnctn in between counslr n institute ,on this commission gst will be levy and tds will be credited to cash ledger

Subhkaran Surana (343 Points)
Replied 30 May 2018

There are two transactions namely:

Between student and counsellor,

It does not amount to supply since there is no consideration as per section 7 of the CGST Act, 2017. Since there is no taxable event i.e SUPPLY so there is chargeability of GST as per section 9 of the CGST Act as per section 9 of the CGST Act , 2017.

Between coumsellor and educational institute,

It is supply of service and chargeable to GST, however TDS deducted will be credited to the ELECTRONIC CASH LEDGER of the supplier and can be utilised for the payment of GST as per section 49 of the CGST Act, 2017