Service tax on mscit onsite training

Queries 5062 views 2 replies

 

my partnership co is an atc (authorised training centre) for mkcl's mscit. 
 
we are in the business of providing onsite training to my clients' employees (paid by the client) which allows them to take the mscit exam. 
 
many of the employees take the exam, many of them don't. i can't guarantee obtainment of certification.
 
i can only guarantee that my training will help employees write the certification exam.
 
i am paid for the training by the client. the exam fees are paid separately by the employees.
 
as per notification no.33/2011 of 25th april 2011, am i not exempt from service tax?
 
my turnover is 50 lakhs per annum.
 
- narendra
Replies (2)

Hi Narendra, 

There are 2 catches to the notification you are referring....

Certificate program has to be seen qua the law time being in force. Therefore, these certificate program shall be recognized by the law in force in India. 

If your program certification is approved by any institutes like UGC / AICTE / CBSE / ICSE  or any other formed under the Indian Jurisdication should be fine to grant you exemption. 

Unless till then its better to collect the service tax on training fees and pay. As you dont have to pay it from your pocket. Otherwise, department might come up with the demand uptill 5 years + Interest + Penalty upto 100% (Sec78. ) & 50% (Sec76.). All of which from your Pocket. 


Take your Call!!

Well just if you can manage your fees out of CASH.... got the better way to avail exemption...lol... ;-) Hope you understood. 

Difficult on larger scale but still...


CCI Pro

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