In re ‘The Leprosy Mission Trust
India Bill Edgar Memorial Vocational Centre’ – 2020 (7) TMI 142 – Authority for
Advance Ruling, West Bengal, (decided on 29.06.2020) the
applicant is registered under section 12A of the Income Tax Act 1961. It is a
Non-Governmental Organization which, among others, administers a Vocational
Training Institute at Bankura named Bill Edgar Memorial Vocational Training
Centre primarily for skill development of the underprivileged suffering from
leprosy. The applicant wants to
know whether the service of providing vocational training courses at its
Vocational Training Centre, Bankura is exempt under entry no 64 or 66 of
Notification 12/2017 - Central Tax (Rate) dated 28/06/2017.
The Authority for
Advance Ruling held that the applicant is not the Government or local
authority. Entry No. 64 of the Exemption Notification is not, therefore,
applicable. Clause h(ii) of the
Exemption Notification defines an “approved vocational course” as a modular
employable skill course, approved by NCVT and run by a person registered with
the Directorate General of Training, Ministry of Skill Development and
Entrepreneurship. The applicant is registered with DGET and its courses on
formal trade skills of diesel mechanic, welder and sewing technology are
approved by NCVT. It is, therefore, imparting education as a part approved
vocational education courses. The
applicant is, therefore, an educational institution in terms of clause
2(y)(iii) of the Exemption Notification, and its supplies to the students,
faculty and staff relating to the courses imparting skills of diesel mechanic,
welder and sewing technology are exempt in terms of Entry 66 (a) of the
Exemption Notification.
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