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Microlesson · 5-min read

Educational Institution Exemptions - Specific Scenarios & Clarifications

# Educational Institution Exemptions – Specific Scenarios

This lesson covers CBIC clarifications on tricky educational institution exemption scenarios under GST.

## 1. Food/Catering Services

### Supply of food in Anganwadis and Schools

  • Anganwadi qualifies as an educational institution
  • Under Entry 66(b)(ii): catering services to educational institutions, including mid-day meals, are exempt
  • Exemption applies irrespective of funding source (government grants or corporate donations)
  • Serving food to anganwadis (govt-sponsored or corporately funded) → EXEMPT

## 2. Fees Charged by Educational Institutions

Type of feeTreatment
Entrance examination feeExempt
Admission feeExempt
Migration certificate issuanceExempt
Eligibility certificate issuanceExempt
Fees from prospective employers for campus recruitmentTAXABLE

## 3. Specialized Training Institutions

### Maritime Training Institutes

  • Courses approved by Director General of Shipping under Merchant Shipping Act, 1958 and Merchant Shipping (STCW) Rules, 2014
  • Treated as educational institutions → courses are exempt (subject to specified conditions)

### Flying Training Organizations (FTOs)

  • Approved by DGCA under Aircraft Act, 1934
  • Course completion certificates are mandatory
  • Approved flying training courses by DGCA-approved FTOs → exempt as services by educational institutions to students

## 4. Input/Output Services – Tabular Summary

Type of InstitutionExempt Input ServicesExempt Output Services
Pre-school to higher secondary(i) Transportation of students/faculty/staff; (ii) Catering incl. mid-day meals; (iii) Security/cleaning/housekeeping within institution; (iv) Services relating to admission/examTo students, faculty, staff; conduct of entrance exam against entrance fee
Institution providing education for recognised qualification(i) Services relating to admission/exam; (ii) Supply of online educational journals/periodicalsSame as above
Approved vocational educationServices relating to admission/examSame as above

KEY: Pre-schools do NOT get exemption on online journals (only for higher education institutions).

## 5. Affiliation Services – CBIC Clarification

### University to Colleges

  • Affiliation ensures infrastructure for courses/degrees
  • NOT related to student admission or examinations at affiliated colleges
  • Affiliation services by universities to constituent colleges = TAXABLE (not exempt)

### Educational Boards/Councils to Schools

  • Boards monitor infrastructure, finances, faculty strength
  • Affiliation services to schools = TAXABLE under GST
  • EXCEPTION (Entry 66A): Affiliation services by Central/State educational boards to Government Schools (established/owned/controlled by CG, SG, UT, local authority, governmental authority or government entity) → EXEMPT

## 6. ITC Position

  • If output services of an educational institution are exempt, ITC may not be available on input services
  • Only auxiliary education services in item (b) of Entry 66 (which may be outsourced) are exempt

Worked example

### Example 1

Example 1 – Online Journals to Pre-school: A pre-school in outskirts of Mumbai subscribed to online journals on child development & experiential learning. Treatment: Online educational journals provided to a pre-school are NOT exempt (exemption for online journals applies only to institutions providing education for recognised qualification, not pre-schools).

### Example 2

Example 2 – Transportation by SM Transporters: SM Transporters provided transportation services for students and faculty from their residences to Pathwheels School (a higher secondary school). Treatment: Transportation services for students and staff to a higher secondary school = EXEMPT input service.

### Example 3

Example 3 – Shiksha College Exam Services: Shiksha College conducts degree courses recognized by law. It paid honorarium to paper setters/examiners and availed printing services for half-yearly exams. Treatment: Services related to admission/examination (paper setters, examiners, printing) = EXEMPT.

### Example 4

Example 4 – Gyaani Public School Security & Housekeeping:

  • Within school campus for regular activities → EXEMPT
  • For school's Annual Day function OUTSIDE school campus → TAXABLE
  • Reason: Only services within school premises are exempt input services.

⚠️ Common exam mistakes

  • Treating food supplied to anganwadis as taxable because it's privately/corporately funded — funding source is irrelevant.
  • Treating campus recruitment fees from prospective employers as exempt — these are taxable.
  • Assuming all affiliation services are exempt — universities affiliating colleges & boards affiliating private schools are TAXABLE.
  • Applying online journal exemption to pre-schools — it is restricted to higher-education institutions.
  • Assuming all security/housekeeping for a school is exempt — only services rendered within school premises qualify.
  • Forgetting Entry 66A exception that affiliation to Government schools by boards is exempt.
  • Confusing 'governmental authority' definition with 'government entity' when applying Entry 66A.
Bare-Act text Entry 66 & 66A · Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 · click to expand
Entry 66 (Notification No. 12/2017-CT(R)): Services provided – (a) by an educational institution to its students, faculty and staff; (aa) by an educational institution by way of conduct of entrance examination against consideration in the form of entrance fee; (b) to an educational institution, by way of – (i) transportation of students, faculty and staff; (ii) catering, including any mid-day meals scheme sponsored by the Central Government, State Government or Union territory; (iii) security or cleaning or house-keeping services performed in such educational institution; (iv) services relating to admission to, or conduct of examination by, such institution; (v) supply of online educational journals or periodicals... Entry 66A: Services provided by Central or State educational boards or Councils, or other similar bodies, by way of conduct of examination or affiliation to Government Schools.
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