Affiliation services of a university to its constituent colleges is Supply of Service and is liable to GST

The Rajasthan Authority for Advance Ruling (AAR) has determined that the affiliation services provided by the University of Kota to its constituent colleges are a taxable supply under the Goods and Services Tax (GST). The AAR found that these services, which enable colleges to impart education, do not fall under the exemption for services related to student admission or examination conduct. Consequently, the affiliation fees collected are liable for GST at the standard rate.

The AAR, Rajasthan in the matter of M/s University of Kota [Advance Ruling No. RAJ/AAR/2022-23/16 dated November 11, 2022] has held that the affiliation provided by the University of Kota to its constituent colleges for imparting education is a supply and taxable under Goods and Services Tax ("GST") and is not exempted under Notification No. 12/2017- Central Tax (Rate) dated June 28, 2017 ("the Services Exemption Notification").

Facts

M/s University of Kota ("the Applicant") was enacted under Special Act of State Legislative Assembly and is engaged in providing services of education including affiliation to various self-financing/non-Government colleges under its jurisdiction as per the education policy of the State Government. The Applicant grants recognition to the colleges under its jurisdiction and collects affiliation fee as approved by the State Government.

The Applicant submitted that they are not meant to earn profit and is only for the sole purpose of education. The Applicant relied on the fact that the affiliation fees collected by them is actually recovered from the fees of students thus, it is a supply of service to students. Also, as the Affiliation fees are paid out of the fees collected and not by operating any other trade therefore, the services provided by Applicant clearly fall under clause 66 of the Services Exemption Notification.

Issues

1. Whether the services provided by the Applicant relating to affiliation granted to colleges for imparting education is a supply of service liable to levy of GST?
2. Whether amount collected by way of affiliation fee is exempted vide S. No 66 of the Services Exemption Notification?

Held

The AAR, Rajasthan in Advance Ruling No. RAJ/AAR/2022-23/16 held as under:

• Noted that, the entry at 66(b)(iv) of the Exemption Notification seeks to exempt only those services provided to institution in relation to admission of students or conduct of examination for such admission to all the educational Institutions, including the higher educational institutions.
• Stated that, the clarification made under Circular No. 177/09/2022-TRU dated August 3, 2022, does not state that the affiliation fees so collected by Applicant from its affiliated colleges is exempt. Further, the Circular No. 151/07/2021-GST dated June 17, 2021 regarding clarification of GST on supply of various services by Central and State Board (such as National Board of Examination), it is clarified that that 18% GST will be applied to other services.
• Stated that, GST at the rate of 18% applies to other services provided by such Boards, namely of providing accreditation to an institution or to a professional (accreditation fee or registration fee such as fee for FMGE screening test) so as to authorize them to provide their respective services which is more relevant in the matter.
• Noted that, the affiliation services provided by the Applicant enables the institution to conduct the course/programme and do not relate to admission of students to such course/programme in the said institutions or conduct of examination for such admission in the said institution.
• Further noted that, the exempted services on the conduct of examination is that related to the admission to such institution and not related to the examination based on which degree/title, etc. are conferred to the students, as is being claimed by the applicant, though we do not part any opinion on the claim of the applicant that they extend such services to the institutions by extending the affiliation.
• Held that, the affiliation provided by the Applicant to its constituent colleges for imparting education is a supply and taxable under the Central Goods and Services Act, 2017 ("the CGST Act").
• Further held that, 'affiliation fees’ so collected by the Applicant is not exempted under the entry SI. No. 66 of the Exemption Notification as amended.

Relevant Provisions

Sl. No. 66 of the Services Exemption Notification