CESTAT: Educational Services Exempt Under Section 66D; Extended Period Cannot Be Invoked Without Wilful Suppression


Quick Summary
The CESTAT has ruled that educational services forming part of a curriculum leading to a recognised qualification are exempt from service tax, even if not provided directly by a university. However, skill-development courses under PMKVY were not exempt as the provider was not an authorised NSDC partner. The Tribunal also set aside demands for extended periods, stating that wilful suppression of facts to evade tax was not proven.

Court :
Delhi

Brief :
The CESTAT, New Delhi, in Edupro E-Solutions India Pvt. Ltd. v. Commissioner of CGST, Jaipur, examined the service tax liability on educational and skill-development services provided during FY 2015-16. The department had raised a demand of ₹17.59 lakh based on third-party information received from the Income Tax Department.

Citation :
Service Tax Appeal No. 50189 Of 2026

The first issue concerned skill-development courses conducted under the Pradhan Mantri Kaushal Vikas Yojana (PMKVY). The appellant claimed exemption under Para 9A of Notification No. 25/2012-ST. However, the Tribunal found that the appellant was providing services to Globsyn Skill Development Pvt. Ltd., which was an approved NSDC training partner, whereas the appellant itself was not directly an authorised NSDC partner. Therefore, the Tribunal held that the appellant was not eligible for the exemption under Para 9A(iv)(c) and upheld service tax of ₹47,100 for this portion, for the normal period, if any.

The second issue related to distance-learning/degree courses conducted for Suresh Gyan Vihar University. The Tribunal held that Section 66D(l)(ii) exempts education forming part of a curriculum leading to a qualification recognised by law. Importantly, the provision does not require the service to be provided by a University itself. Since the appellant was providing education to the university in relation to recognised qualifications, the Tribunal allowed the exemption and set aside the service tax demand of ₹34,783.

On the question of the extended period of limitation, the Tribunal observed that the show cause notice and subsequent proceedings did not establish wilful suppression with intent to evade tax. The fact that the department subsequently accepted documents submitted by the appellant and reduced the original demand from ₹17.59 lakh to ₹81,843 also supported the conclusion that there was no wilful suppression. Accordingly, the extended-period demand was set aside.

Final Ruling

  • Service tax demand relating to Globsyn Skill Development Pvt. Ltd. upheld for the normal period, if any.
  • Demand relating to Sahitya Sadawat Samiti/Suresh Gyan Vihar University educational services set aside.
  • Extended-period demand set aside.
  • Appeal allowed to the extent indicated above.

Key Takeaway: Exemption under Section 66D(l)(ii) depends on the nature of the educational service and whether it forms part of a curriculum leading to a legally recognised qualification; the provision does not stipulate that the service provider must itself be a university. At the same time, specific exemption conditions applicable to NSDC skill-development programmes must be strictly satisfied.

This AI-generated summary is for informational purposes only. Please view attached original judgment for the complete text and authoritative interpretation.
 

FAQ :

No, only educational services that form part of a curriculum leading to a qualification recognised by law are exempt under Section 66D(l)(ii). Specific conditions for skill-development programmes must also be met.

No, the exemption under Section 66D(l)(ii) does not require the service provider itself to be a university, as long as the education provided leads to a legally recognised qualification.

No, the Tribunal found that the appellant was not eligible for exemption for these courses because they were not directly an authorised NSDC partner.

The extended period can only be invoked if there is evidence of wilful suppression of facts with the intent to evade tax. This was not established in the case concerning the extended demand.

The Tribunal allowed the exemption and set aside the service tax demand for the distance-learning/degree courses provided to Suresh Gyan Vihar University.

 
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