Service tax on educational institute

 

 have got a service tax query:-
Our Educational Institute provides satellite courses in collaboration with a technical partner which provides all types technical services to conduct the satellite courses. We charge the fees from students and also charge service tax from students (earlier : Under the head Commercial Coaching and now under the head Other than Negative list) and we have got an agreement with our technical partner that we will give them the 49% sharing out of the fees collected excluding service tax . Before July'12 they never raised a taxable invoice for Fee Sharing but recently they have raised two invoices both Dated after July'12 by charging service tax under the head commercial coaching and training. 
Now My Question is :-
1. Since they are our technical partner and they are equally providing services to students is the invoice raised by them upon us including the value of service tax is correct? 
2. Is our institute liable to pay service tax on the above fee sharing? since our institute is just collecting the fees amount and passing on the fees share to the technical partner as per agreement is the same covers under the definition of service? It should be noted that we have already collected and paid service tax on the above fees amount?
3. Isn't the same is double taxation?
Replies (2)

Educational service is provided by you and not your business partner. They will charge service tax to you.

But you should take credit of service tax charged by them, bcoz for you it is input service. So, there is no double taxation. You have to pay service tax on full fees charged.

In net, your expense= Tax on fees- tax paid to Business partner

Although you can argue that both of you are jointly providing service to students and sharing the fee, it is litigation prone and only court can settle the matter. This is why your partner has been adcvised to pay tax. But you can claim cenvat credit of the tax paid by your partner.

Leave a Reply

Your are not logged in . Please login to post replies

Click here to Login / Register  

Company
ARTICLESHIP 17 August 2026
Article Assistant

K R Kiran Kumar & Associates

Bengaluru

CA Inter

View Details
Company
ARTICLESHIP 07 September 2026
Article/ Paid Assistant

Murali and Sumeet Chartered Accountant

Bengaluru

CA Foundation

View Details
Company
28 August 2026
Audit Manager

K A R M & CO

Mumbai

CMA

View Details
Company
19 August 2026
Chartered Accountant - Financial Consolidation & Reporting

Synergy Keystone

Mumbai

CA

View Details
Company
28 August 2026
Assistant Manager

NRS AND ASSOCIATES

Kozhikode

CA Inter

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 17 August 2026
CA Article Trainee

ASC Group

Noida

CA Inter

View Details
Company
21 August 2026
Accountant

A G International

Kolkata

B.Com

View Details