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2025 (5) TMI 1099 - AAR - GSTExemption from GST - cleaning and sanitary services rendered under the head House keeping services provided to Indian Institute of Information Technology Design and Manufacturing Kancheepuram - exemption as per Ministry of Finance Notification No. 13/2023-CT (Rate) dated 19.10.2023 - raising of invoice without GST - HELD THAT - It is found from the application filed by the applicant that they are into provisioning of House Keeping services including sanitation toilet cleaning cleaning and clearing Gardening and Security services. Further the question for advance ruling raised by the applicant revolves around the supply of such House Keeping services rendered to M/s. Indian Institute of Information Technology Design and Manufacturing (IIITDM) Kancheepuram which is a public technical and research Institution funded by the Ministry of Education Government of India. The Indian Institute of Information Technology Design and Manufacturing Kancheepuram (IIITDM Kancheepuram) is a Centre of Excellence for technical education and research established in 2007 by the Ministry of Education Government of India to pursue design and manufacturing oriented engineering education and research and to promote the competitive advantage of Indian products in global markets. Whereas it is seen that activities in relation to water supply public health sanitation conservancy solid waste management slum improvement and upgradation etc. are the constitutional responsibilities entrusted to a Municipality or a Panchayat under the respective articles of the Constitution and when a body is created to carry out such functions entrusted to a Municipality or a Panchayat such bodies do get categorised as Governmental Authority as per the clause (zf) of the exemption notification No. 12/2017-Central Tax (Rate) dated the 28.06.2017. However in the instant case IIITDM is not entrusted with any such constitutional function so as to get categorised as a Governmental Authority . IIITDM through their letter dated 09.05.2024 addressed to the applicant has stated that GST was exempted in respect of sanitation water supply and solid waste management services when provided to a government authority by a service provider and accordingly they have requested the applicant to raise invoices without GST henceforth. At this juncture it also becomes imperative to distinguish the housekeeping services provided by the applicant to IIITDM as against the sanitation water supply and solid waste management services referred to by IIITDM in the aforesaid letter. While housekeeping is a straightforward service which involves supply of manpower for the purpose of cleaning gardening security etc. sanitation water supply and solid waste management services on the other hand refers to broader range of function entrusted to the Government (Municipality/Panchayat) to be carried out for the public in general which involves provision of drainage and other sanitation related activities supply of water for domestic and commercial needs and solid waste management which includes collection of waste from individual houses/commercial establishments/institutions processing of the said waste and disposal of the same - the housekeeping services provided by the applicant to IIITDM cannot be equated to sanitation water supply and solid waste management services in any manner whatsoever and accordingly the provisions of Notification No. 13/2023-CT (Rate) dated 19.10.2023 do not apply to the instant case. IIITDM do not fall within the ambit of the term Governmental Authority as defined under clause (zf) of the exemption notification No. 12/2017-Central Tax (Rate) dated the 28.06.2017. Further we find that the work assigned to the applicant by IIITDM is nothing but an activity in relation to house-keeping/cleaning services and not in relation to sanitation or solid waste management as claimed in the application filed by the applicant. We are therefore of the considered opinion that house-keeping/cleaning service provided to IIITDM by the applicant is not exempted from payment of GST either under entry SI.No.3B or under SI.No.66 of the exemption Notification No. 12/2017-Central Tax (Rate) dated 28th June 2017 as amended. Conclusion - i) The house-keeping/cleaning service provided to IIITDM by the applicant is not exempted from payment of GST. ii) The work assigned to the applicant by IIITDM is nothing but an activity in relation to house-keeping/cleaning services and not in relation to sanitation or solid waste management. iii) It will not be lawful on the part of the applicant to raise invoice without GST in the instant case.
The core legal questions considered by the Authority for Advance Ruling (AAR) in this case were:
(i) Whether cleaning and sanitary services rendered under the head "Housekeeping" services to a public technical and research institution, specifically an Institute of National Importance established by the Government of India, are exempt from Goods and Services Tax (GST) liability; (ii) Whether the applicant can lawfully raise invoices without GST on the basis of a letter from the said Institute claiming exemption under Ministry of Finance Notification No. 13/2023-CT (Rate) dated 19.10.2023; (iii) The overall applicability and interpretation of the exemption notifications under the CGST Act, 2017 and related rules vis-`a-vis the services provided. Issue-wise Detailed Analysis Issue 1: Applicability of GST exemption on housekeeping/cleaning services provided to the Institute The relevant legal framework comprised Notification No. 13/2023-CT (Rate) dated 19.10.2023, which amended the original exemption Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 by inserting serial number 3B. This entry exempts services provided to a "Governmental Authority" by way of water supply, public health, sanitation conservancy, solid waste management, and slum improvement and upgradation. The Court examined the definition of "Governmental Authority" under clause (zf) of the exemption notification, which requires that such authority or body be set up by an Act of Parliament or State Legislature or established by the Government with at least 90% equity or control, and must carry out functions entrusted to a Municipality under Article 243W or to a Panchayat under Article 243G of the Constitution. It was found that the Institute in question, although an Institute of National Importance funded by the Ministry of Education, does not perform any constitutional functions related to water supply, sanitation, or solid waste management, which are municipal or panchayat responsibilities. Therefore, it does not qualify as a "Governmental Authority" under the exemption notification. Further, the nature of the services provided by the applicant was scrutinized. The applicant provided housekeeping services including cleaning, toilet cleaning, gardening, and security, which were distinct from the broader sanitation, water supply, and solid waste management services contemplated under the exemption notification. The invoices and work orders clearly described the services as "Housekeeping Services" involving supply of manpower for cleaning and related activities rather than sanitation conservancy or solid waste management. The Court concluded that the exemption under Notification No. 13/2023-CT (Rate) does not apply to housekeeping services rendered to the Institute. Issue 2: Whether the applicant can raise invoice without GST as requested by the Institute The Institute had issued a letter requesting the applicant to raise invoices without GST, relying on the Ministry of Finance Notification No. 13/2023-CT (Rate) dated 19.10.2023, which exempts sanitation, water supply, and solid waste management services provided to a Governmental Authority. Given the Court's finding that the Institute is not a Governmental Authority as defined and that the services provided do not fall within the exempted categories, the request to raise invoices without GST was found to be without legal basis. Therefore, it was held that it would not be lawful for the applicant to raise invoices without charging GST in this case. Issue 3: Applicability of exemption under Serial No. 66 of Notification No. 12/2017-Central Tax (Rate) dated 28.06.2017 This entry exempts certain services related to educational institutions, including security, cleaning, or housekeeping services performed in such institutions, but only when provided to educational institutions offering pre-school education up to higher secondary school or equivalent. The Court noted that the Institute is a higher education and research institution and does not fall under the category of educational institutions covered by this exemption. Thus, the exemption under Serial No. 66 was not applicable. Competing Arguments and Treatment The applicant argued that the Institute, being an Institute of National Importance established by the Government of India, should be considered a Governmental Authority and that the services provided were sanitation services exempted under the notification. The Institute's letter supported this position. The Court, however, distinguished between housekeeping services and sanitation services, emphasizing that the exemption applies only to specific sanitation-related services provided to Governmental Authorities carrying out municipal or panchayat functions. The Court relied on the statutory definition of Governmental Authority and the nature of functions entrusted to such bodies under the Constitution to reject the applicant's interpretation. The Court also considered the tender documents, invoices, and work orders, which described the services as housekeeping rather than sanitation, further supporting its conclusion. Conclusions The Court concluded that:
Significant Holdings The ruling crystallizes the principle that: "The mere creation of an authority or board or any other body by any Government, or by an act of Parliament or State Legislature with 90 percent or more participation by way of equity or control, is not enough to categorise a body as a 'Governmental Authority' whereas such bodies are required to carry out any function entrusted to a Municipality under article 243W of the Constitution or to a Panchayat under article 243G of the Constitution, in order to attain such status." Further, it was held that: "The 'housekeeping' services provided by the applicant to IIITDM, cannot be equated to 'sanitation, water supply and solid waste management services', in any manner whatsoever, and accordingly the provisions of Notification No. 13/2023-CT (Rate) dated 19.10.2023, do not apply to the instant case." And finally: "It will not be lawful on the part of the applicant to raise invoice without GST, in the instant case." The ruling thus clarifies the scope and applicability of GST exemption notifications concerning services provided to Governmental Authorities and educational institutions, emphasizing strict adherence to definitions and the nature of services rendered.
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