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Microlesson · 5-min read

Educational Services — Definition of Educational Institution & Output Services (Entry 66)

# Educational Services — Entry 66 (Output Services)

## Exemption — Output Side

Services provided by an educational institution to its students, faculty and staff, and services by way of conduct of entrance examination against consideration in the form of entrance fee, are exempt.

## Meaning of 'Educational Institution'

An institution providing services by way of:

(i) Pre-school education and education up to higher secondary school or equivalent;

(ii) Education as part of a curriculum for obtaining a qualification recognised by any law for the time being in force (in India);

(iii) Education as part of an approved vocational education course.

## Analysis of Sub-clause (ii)

Education providedCovered?Reason
Degree courses by colleges/universitiesLeads to qualification recognised by law
Training by private coaching institutesDoesn't lead to a recognised qualification
Course in India for qualification recognised by a foreign lawOnly Indian law-recognised qualifications covered

## Analysis of Sub-clause (iii) — Approved Vocational Education Course

Means:

1. A course run by an ITI / ITC affiliated to NCVET or SCVT in designated trades notified under the Apprentices Act, 1961; OR

2. A Modular Employable Skill Course approved by NCVET, run by a person registered with the Directorate General of Training, Ministry of Skill Development and Entrepreneurship.

  • Designated trade — any trade/occupation/subject in engineering, non-engineering, technology or vocational field notified by the Central Government under the Apprentices Act, 1961.

## Specific Institutions — Treatment

### Private ITIs

  • Educational institutions only for designated trades under Apprentices Act, 1961.
  • Designated trade services → Exempt; non-designated → Taxable.
  • Entrance exams for designated trades → Exempt.
  • Services provided to private ITIs for admission/exams in designated trades → Exempt.
  • Non-designated trades — services by/to ITI → Taxable.

### Government ITIs

  • Services to individual trainees → exempt under Entry 6 (CG/SG services to individuals).
  • Exemption covers both vocational training and examinations conducted.

### Unrecognised institutions / Coaching centres

  • Not educational institutions → no exemption.
  • E.g., 'Super Minds' coaching for IBPS PO → not an educational institution.

### Schools up to Higher Secondary

  • Output services + boarding/lodging charges → Exempt.
  • Boarding schools: composite supply where education is the predominant element → entire consideration exempt.

### Dual Qualification (recognised + unrecognised)

  • Separate fees / curriculum → assessed separately; recognised exempt, unrecognised taxable.
  • Clubbed fees → mixed supply, taxable at highest rate.

### Incidental Auxiliary Services

  • Hobby classes / extracurricular activities naturally bundled with education → composite supply → exempt.
  • Separately billed → artificial bundle → mixed supply → taxable.

### IIMs

  • Long-duration (≥1 year, diploma/degree) → Exempt.
  • Short-duration (<1 year, participation certificate) → Taxable.

### Conduct of Examinations

  • Any authority/board/body set up by CG/SG (including NTA) conducting entrance exams for admission to educational institutions → deemed educational institutions for this limited purpose. Their services → Exempt.

### Central / State Education Boards

  • Deemed educational institutions only for conducting examinations.
  • Conduct of examinations (incl. entrance exams) → Exempt under Entry 66(aa).
  • Related input services (online testing, result publication, printing admit cards, question papers) → Exempt under Entry 66(b)(iv).
  • Accreditation/registration fees (e.g., FMGE screening test fee) → Taxable.

### Food in Mess / Canteen

  • Catering by educational institution to its own students/faculty/staff → Exempt.
  • Outdoor catering provided to an educational institution:
  • To pre-school / up to higher secondary → Exempt (under Entry 66(b)(ii))
  • To others → Taxable.

### Anganwadis & School Mid-day Meals

  • Catering services to anganwadis/schools, including mid-day meals → Exempt (irrespective of funding source — govt grants or corporate donations).

### Other Fees

  • Entrance fee, fee for admission, issuance of migration/eligibility certificates → Exempt.
  • Fees from prospective employers for campus recruitmentsTaxable.

### Maritime Courses (DG Shipping approved)

  • Maritime Training Institutes approved by DG Shipping under Merchant Shipping Act, 1958 and STCW Rules, 2014 → Educational institutions → courses Exempt.

### Flying Training Organisations (DGCA approved)

  • DGCA-approved FTOs whose courses require completion certificates under Aircraft Act, 1934 → Educational institutions → services to students Exempt.

Worked example

### Example 1

Example: Dharam Institute of Technology (DIT), a private engineering college offering AICTE-recognised post-graduate engineering programmes → Qualifies as an educational institution under sub-clause (ii).

### Example 2

Example: Kaladrishti ITI provides skill development courses in trades NOT notified as designated trades → Does not qualify for exemption.

### Example 3

Example: Super Minds coaches students for IBPS PO exam → Not an educational institution — coaching centres are excluded.

### Example 4

Example: A boarding school charges a single fee for tuition + lodging + boarding → composite supply, education is predominant → Entire consideration exempt.

### Example 5

Example: IIM offers a 2-year PGP diploma → Exempt. Same IIM offers a 3-month executive programme → Taxable.

### Example 6

Example: Campus recruitment fee paid by Infosys to an engineering college → Taxable.

⚠️ Common exam mistakes

  • Treating private coaching institutes (IIT, IBPS, CA coaching) as educational institutions — they are not.
  • Treating courses in India leading to a foreign qualification as exempt — only Indian law-recognised qualifications qualify.
  • Forgetting that private ITIs are educational institutions only for designated trades.
  • Treating short-duration IIM executive programmes (<1 year) as exempt — only long-duration degree/diploma programmes are.
  • Treating campus recruitment fees paid by employers as exempt — these are taxable.
  • Confusing affiliation services (taxable, unless to government schools under Entry 66A) with examination-related services (exempt).
  • Treating dual-qualification courses with clubbed fees as partially exempt — they become mixed supply taxable at the highest rate.
Bare-Act text Entry 66 · Notification No. 12/2017-CT(R) dated 28.06.2017 · click to expand
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. Provided that nothing contained in sub-items (i), (ii) and (iii) of item (b) shall apply to an educational institution other than an institution providing services by way of pre-school education and education up to higher secondary school or equivalent. Provided further that nothing contained in sub-item (v) of item (b) shall apply to an institution providing services by way of,- (i) pre-school education and education up to higher secondary school or equivalent; or (ii) education as a part of an approved vocational education course.
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