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TMI BlogApplicability of GST on ambulance services provided to Government by private service providers under the National Health Mission (NHM) — Reg.X X X X Extracts X X X X X X X X Extracts X X X X ..... am directed to invite your attention to the Circular No. 210/2/2018- Service Tax, dated 30th May, 2018. The said Circular has been issued in the context of service tax exemption contained in notification No. 25/2012- Service Tax dated 20.06.2012 at Sl. No. 2 and 25(a). The Circular states, inter alia, that the service of transportation in ambulance provided by State Governments and private service providers (PSPs) to patients are exempt under notification No. 25/2012- Service Tax dated 20.06.2012 and that ambulance service provided by PSPs to State Governments under National Health Mission is a service provided to Government by way of public health and hence exempted under notification No. 25/2012-Service Tax dated 20.06.2012. 2. The servi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ity or a Government Entity by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243 W of the Constitution. Sl. No. 3A: Composite supply of goods and services in which the value of supply of goods constitutes not more than 25 per cent. of the value of the said composite supply provided to the Central Government, State Government or Union territory or local authority or a Governmental authority or a Government Entity by way of any activity in relation to any function entrusted to a Panchayat under article 243G of the Constitution or in relation to any function entrusted to a Municipality under article 243 W ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich the value of supply of goods constitutes not more than 25 per cent of the value of the said composite supply. 6. Difficulty if any, in the implementation of this circular may be brought to the notice of the Board. Yours Faithfully, Susanta Mishra Technical Officer (TRU) Email:[email protected] Tel: 011-23095558 Enclosure: Circular No. 210/2/2018- Service Tax (F. No. 137/51/2016- Service Tax, dated 30th May, 2018) Circular 210/2/2018-Service Tax F. No 137/51/2016 Service Tax Government of India Ministry of Finance Department of Revenue Central Board of Indirect Taxes and Customs Service Tax Wing New Delhi, the 30th May, 2018 To, All Principal Chief /Chief Commissioners of Central Excise and GST All Principal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vice provider (PSP) is liable for payment of service tax. 3.1 The matter has been examined. It is observed that this entire project involves three legs of activities, one by the Government for the public, second by the PSP for the public and third, by the PSP for the Government. In respect of the first and the second legs of activity i.e. the ambulance services being provided by the Government and PSP to the patients, neither the State government nor the PSP charges any fee from the patients who avail of these ambulance services. The PSP however charges a fee from the State government for carrying out the third activity. 3.2 Any activity carried out by one person for another without any consideration will not be covered by the definition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n... ... .... " 3.4 Thus it follows that, exemption is available, interalia, to services provided to Government, a local authority or a governmental authority, by way of public health. 3.5 The phrase "public health" is a general term and will cover a number of activities which ensure the health of the public. In the Ministry of Health & Family Welfare's reference, it has been stated that this activity of providing free ambulance services by the states is funded under the National Health Mission (NHM). One of the core values of the NHM enlisted by the Framework for implementation of National Health Mission (2012-2017) is to strengthen public health systems as a basis for universal access and social protection against the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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