Introduction to GST Exemption
The Goods and Services Tax (GST)
is a destination-based indirect tax levied on the supply of goods and services
in India. While GST aims to create a unified tax structure by taxing most
supplies, the Government has deliberately kept certain goods and services
outside the tax net by granting exemptions. These exemptions are provided to
promote public welfare, support essential sectors, reduce the cost of basic
services, and encourage social and economic development.
A GST exemption means that
no GST is payable on a specified supply of goods or services, provided the
conditions prescribed under the GST law are satisfied. Suppliers making exempt
supplies are generally not required to collect GST from recipients on such
transactions. However, they are also not entitled to claim Input Tax Credit
(ITC) on inputs, input services, and capital goods used exclusively for making
exempt supplies.
The power to grant GST exemptions
is provided under Section 11 of the CGST Act, 2017, Section 6 of the
IGST Act, 2017, and the corresponding provisions of the State GST Acts.
Based on the recommendations of the GST Council, the Central and State
Governments issue exemption notifications from time to time in the public
interest.
GST exemptions cover a wide range
of services that are considered socially important or essential to the public.
These include charitable and religious activities, educational services,
healthcare, agricultural operations, passenger transportation, government
services, banking and insurance, residential accommodation, and several other
notified services. Some exemptions are unconditional, while others are
available only when specific conditions or monetary limits are fulfilled.
Understanding GST exemptions is
essential for taxpayers, professionals, businesses, students, and tax
practitioners because an incorrect classification of an exempt supply may
result in wrongful tax collection, denial of Input Tax Credit, interest, penalties,
and unnecessary litigation. Proper knowledge of exemption provisions helps
businesses remain GST compliant while minimizing tax disputes.
In this chapter, we will discuss all major GST exemptions category-wise, explain the conditions applicable to each exemption, provide practical examples, highlight important exceptions, and simplify the provisions for easy understanding. This comprehensive guide is designed to help readers understand when GST is applicable, when a supply is exempt, and the compliance implications of exempt supplies under the GST law.
Meaning of Exempt Supply
An Exempt Supply refers to
the supply of goods or services on which GST is not payable under the
provisions of the GST law. Such supplies are specifically exempted by the
Government through notifications or are subject to a Nil rate of tax. In
addition, certain supplies that are non-taxable under the GST Act are
also treated as exempt supplies for specific compliance purposes.
As per Section 2(47) of the
Central Goods and Services Tax (CGST) Act, 2017:
"Exempt Supply"
means the supply of any goods or services or both which attracts a Nil rate of
tax or which may be wholly exempt from tax under Section 11 of the CGST Act or
Section 6 of the IGST Act, and includes non-taxable supply.
Components of Exempt Supply
An exempt supply generally falls
into the following categories:
1. Nil-Rated Supply
These are supplies that are
taxable under GST but carry a 0% GST rate.
Example:
If a product is notified with a GST rate of 0%, the supplier does not
charge GST on its sale.
2. Wholly Exempt Supply
These are supplies specifically
exempted through notifications issued by the Central or State Government in the
public interest.
Example:
- Healthcare services provided by a clinical
establishment.
- Services provided by recognised charitable trusts
for specified charitable activities.
- Educational services provided by eligible
educational institutions.
3. Non-Taxable Supply
These are supplies that are outside
the scope of GST because they are not leviable to tax under the GST Act.
Example:
Alcoholic liquor for human consumption is outside the levy of GST and is
therefore treated as a non-taxable supply.
Features of Exempt Supply
- No GST is charged on the supply.
- The supplier cannot collect GST from the recipient.
- Input Tax Credit (ITC) is generally not
available on inputs, input services, and capital goods used
exclusively for making exempt supplies.
- The value of exempt supplies is included while
calculating Aggregate Turnover for GST registration and certain
compliance requirements.
- Businesses making both taxable and exempt supplies
must reverse proportionate ITC in accordance with the GST Input Tax Credit
provisions.
Practical Example
Example 1: Healthcare Service
A hospital provides treatment to
a patient and charges ₹1,50,000.
- Value of Service: ₹1,50,000
- GST Rate: Exempt
- GST Payable: Nil
The hospital will not collect GST
from the patient. However, ITC on inputs and input services used exclusively
for providing exempt healthcare services cannot generally be claimed.
Example 2: Educational Service
A recognised school collects an
annual tuition fee of ₹60,000 from a student.
- Tuition Fee: ₹60,000
- GST Rate: Exempt
- GST Charged: Nil
Since eligible educational
services are exempt, no GST is payable on the tuition fee.
Why Exempt Supplies Are Important
GST exemptions are granted to
reduce the tax burden on essential sectors and welfare activities. They help
make basic services such as education, healthcare, agriculture, charitable
activities, and certain government services more affordable for the public
while supporting social and economic development. The exemption categories
discussed in this chapter include these and many other notified services under
GST.
Types of GST Exemptions
The GST law provides various
types of exemptions to ensure that essential goods and services, public welfare
activities, and specific sectors of the economy are not burdened with tax.
These exemptions are granted under Section 11 of the CGST Act, 2017 and Section
6 of the IGST Act, 2017, through notifications issued by the Central and
State Governments on the recommendations of the GST Council.
Understanding the different types
of GST exemptions is important because each category has different legal
implications and compliance requirements.
1. Absolute Exemption
An Absolute Exemption is
an unconditional exemption granted by the Government. Once such an exemption is
notified, it is mandatory for the supplier to avail the exemption. The
supplier cannot choose to pay GST on the exempt supply.
Features
- Mandatory in nature.
- No option to pay GST voluntarily.
- GST cannot be collected from the recipient.
- Input Tax Credit (ITC) is generally not available
for inputs and input services used exclusively for such exempt supplies.
Example:
Healthcare services provided by a
clinical establishment are exempt from GST. A hospital providing eligible
healthcare services cannot charge GST to its patients.
2. Conditional Exemption
A Conditional Exemption is
available only if the supplier satisfies the conditions specified in the
exemption notification. If any prescribed condition is not fulfilled, the
exemption is denied and GST becomes payable.
Features
- Available only on fulfillment of specified
conditions.
- Non-compliance with any condition makes the supply
taxable.
- Conditions may relate to the supplier, recipient,
value of supply, purpose of supply, or documentation.
Example:
Renting of rooms by a recognised
religious trust is exempt only up to the prescribed monetary limits:
- Room rent up to ₹999 per day
- Hall rent up to ₹9,999 per day
- Shop rent up to ₹9,999 per month
If these limits are exceeded, the
exemption may not be available.
3. General Exemption
General exemptions apply to a
broad class of goods or services and are intended to benefit the public at
large. These exemptions are applicable throughout India unless specifically
restricted.
Examples
Some common examples include:
- Charitable activities undertaken by recognised
charitable trusts.
- Eligible educational services provided by
educational institutions.
- Healthcare services.
- Agricultural support services.
- Passenger transportation through specified modes.
- Various government and public welfare services.
4. Special Order Exemption
Under Section 11(2) of the
CGST Act, 2017, the Government may grant exemption through a Special
Order in exceptional circumstances.
This type of exemption is
generally issued:
- In the public interest.
- Under exceptional situations.
- Subject to specific conditions and restrictions.
- For a particular class of persons, goods, or
services.
Such exemptions are generally
granted after considering special circumstances affecting trade, industry, or
public welfare.
Comparison of Different Types of GST Exemptions
|
Particulars |
Absolute Exemption |
Conditional Exemption |
General Exemption |
Special Order Exemption |
|
Mandatory |
Yes |
No, subject
to conditions |
Yes |
As specified
in the order |
|
Conditions |
No |
Yes |
May or may
not apply |
Specified in
the order |
|
Issued
Through |
Notification |
Notification |
Notification |
Special Order |
|
Applicability |
Specified
goods/services |
Goods/services
fulfilling prescribed conditions |
Wide range of
notified supplies |
Specific
persons or situations |
|
Option to Pay
GST |
Not available |
Depends on
compliance with conditions |
Not available
where exemption applies |
As specified |
Suppose a recognised charitable
trust provides:
- Free medical treatment to economically weaker
patients.
- Yoga training for public welfare.
- Environmental conservation activities.
These services qualify for GST
exemption because they fall under the notified charitable activities prescribed
under the GST exemption notifications. However, if the trust provides taxable
commercial services outside the scope of the notification, GST may become
applicable on those services.
- GST exemptions reduce the tax burden on essential and socially beneficial activities.
- Exemptions may be absolute or conditional depending on the notification.
- Conditional exemptions require strict compliance with prescribed conditions.
- The Government may also grant exemptions through special orders in exceptional circumstances.
- Taxpayers should carefully verify the relevant exemption notification before treating any supply as exempt to avoid disputes and ensure GST compliance.
Charitable & Religious Services Exempt from GST
The Government grants GST
exemptions to certain charitable and religious services to encourage social
welfare, promote education and healthcare, preserve cultural values, and
support religious activities. These exemptions are available only when the services
are provided by eligible entities and satisfy the conditions prescribed under
the GST exemption notifications.
The major exemptions relating to
charitable and religious services are discussed below.
1. Charitable Activities by a
Recognised Charitable Trust
Services provided by a recognised
charitable trust are exempt from GST when they relate to specified
charitable activities.
Eligible Charitable Activities
(a) Public Health
Services relating to public
health are exempt, including:
- Care of terminally ill persons.
- Care and counselling of HIV/AIDS patients.
- Rehabilitation and counselling of persons addicted
to drugs or alcohol.
Example
A registered charitable trust
operates a rehabilitation centre for drug-addicted persons and provides
counselling free of cost. The services provided by the trust are exempt from
GST.
(b) Advancement of Religion,
Spirituality and Yoga
Services provided for promoting:
- Religion
- Spiritual activities
- Yoga
are exempt when supplied by a
recognised charitable trust.
Example
A charitable trust conducts free
yoga camps and spiritual awareness programmes for the general public. No GST is
payable on such services.
(c) Educational Programmes and
Skill Development
GST exemption is available for
educational or skill development programmes conducted for:
- Abandoned or orphaned children
- Physically or mentally challenged persons
- Prison inmates
- Persons residing in rural areas who are above 65
years of age
Example
A charitable trust provides
vocational training to senior citizens living in rural areas to improve their
livelihood. Such training is exempt from GST.
(d) Preservation of
Environment
Services relating to the
preservation of the environment are also exempt.
These include activities relating
to:
- Forest conservation
- Watershed development
- Wildlife protection
- Environmental awareness programmes
Example
A recognised charitable trust
undertakes afforestation and wildlife conservation projects funded through
donations. These activities are exempt from GST.
Summary of Charitable
Activities
|
Charitable
Activity |
GST Status |
|
Care of terminally ill persons |
Exempt |
|
HIV/AIDS care and counselling |
Exempt |
|
Drug and alcohol rehabilitation |
Exempt |
|
Religious and spiritual programmes |
Exempt |
|
Yoga programmes |
Exempt |
|
Educational and skill development programmes for specified persons |
Exempt |
|
Preservation of forests and wildlife |
Exempt |
|
Environmental protection activities |
Exempt |
The above charitable activities
are exempt only when provided by a recognised charitable trust.
2. Renting of Religious Places
GST exemption is also available
for renting of religious places managed by recognised religious or charitable
trusts, subject to specified monetary limits.
The exemption applies where the
charges do not exceed:
|
Type of
Accommodation |
Exemption Limit |
|
Room Rent |
₹999 per day |
|
Hall or Community Hall |
₹9,999 per day |
|
Shop or Other Space |
₹9,999 per month |
If the charges exceed the
prescribed limits, GST may become applicable as per the prevailing law.
Example
A temple trust rents a guest room
for ₹800 per day to pilgrims.
- Room Rent = ₹800
- Exemption Limit = ₹999
Since the room rent is within the
prescribed limit, GST is not payable.
Similarly, if a marriage hall
owned by a recognised trust is rented for ₹9,500 per day, the renting
service qualifies for exemption because it is within the specified threshold.
3. Conduct of Religious
Ceremonies
Services provided by recognised
religious trusts for conducting religious ceremonies are fully exempt from GST.
These may include:
- Pooja
- Havan
- Yajna
- Religious rituals
- Temple ceremonies
- Other customary religious functions
Example
A temple trust charges devotees
for conducting a special religious ceremony (Pooja). The amount collected for
conducting the ceremony is exempt from GST.
4. Religious Pilgrimages
Certain notified religious
pilgrimages organised through specified authorities are exempt from GST.
The exemption includes services
relating to:
- Kailash Mansarovar Yatra, organised through Kumaon
Mandal Vikas Nigam Limited
- Haj Yatra, organised by the Haj Committee
Example
A pilgrim registers for the Haj
Yatra through the Haj Committee. The services provided under the notified
pilgrimage scheme are exempt from GST.
Practical Illustration
Case Study
A recognised charitable trust
undertakes the following activities during a financial year:
|
Activity |
GST Status |
|
Free yoga classes |
Exempt |
|
Drug rehabilitation centre |
Exempt |
|
Wildlife conservation programme |
Exempt |
|
Renting temple room for ₹850 per day |
Exempt |
|
Renting community hall for ₹9,000 per day |
Exempt |
|
Conducting religious ceremonies |
Exempt |
|
Organising Haj pilgrimage through the Haj Committee |
Exempt |
Since all these services fall
within the notified exemption categories and satisfy the prescribed conditions,
GST is not payable.
- Charitable activities undertaken by recognised charitable trusts are exempt from GST.
- Public health, religion, spirituality, yoga, education, skill development, and environmental protection are covered under the exemption.
- Renting of religious premises is exempt only up to the prescribed monetary limits.
- Services for conducting religious ceremonies are fully exempt.
- Specified religious pilgrimages such as the Kailash Mansarovar Yatra and Haj Yatra are also exempt under GST.
- Taxpayers should ensure that all prescribed conditions are fulfilled before claiming the exemption.
Educational Services Exempt from GST
Education plays a vital role in
the social and economic development of a nation. To make education more
accessible and affordable, the Government has exempted several educational
services from GST. However, these exemptions are available only for specified
services provided by eligible educational institutions or notified
organizations.
Under the GST exemption
notifications, educational services, certain support services,
examination-related services, and skill development programmes are exempt,
subject to prescribed conditions.
1. Services Provided by
Educational Institutions
Services provided by an Educational
Institution to its students, faculty, and staff are exempt from GST.
An educational institution
generally includes:
- Schools
- Colleges
- Universities
- Institutions providing education recognised by
Indian law leading to a recognised qualification
The exemption applies to services
provided to:
- Present students
- Prospective (future) students
- Former (ex) students
- Faculty members
- Staff members
Examples of Exempt Services
- Tuition fees
- Admission fees
- Library facilities
- Laboratory facilities
- Internal examinations
- Student identity cards
- Academic certificates
Example
A CBSE-affiliated school
collects:
- Admission Fee – ₹10,000
- Annual Tuition Fee – ₹70,000
Since the school is a recognised
educational institution, these services are exempt from GST.
Important Note
The course offered must lead to a
qualification recognised under Indian law. Coaching centres and training
institutes offering non-recognised courses generally do not qualify for this
exemption unless covered under another exemption.
2. Transportation, Catering,
Security and Housekeeping Services (TCS Services)
Certain support services provided
to schools and Anganwadi institutions are exempt from GST.
These include:
- Transportation of students, faculty and staff
- Catering services (including Mid-Day Meal Scheme)
- Security services
- Housekeeping services
These services are exempt when
supplied by the Government or other eligible service providers to schools or
Anganwadis as specified under the exemption notification.
Example
A catering company supplies meals
under the Mid-Day Meal Scheme to a Government school.
GST is not applicable on
such services.
3. Examination-Related
Services
Services relating to the conduct
of examinations are exempt from GST.
These include:
- Conduct of entrance examinations
- Conduct of final examinations
- Evaluation of answer sheets
- Examination management services
The exemption also covers
services provided to educational institutions in connection with examinations.
Example
A university appoints an agency
to conduct online entrance examinations for admissions.
The examination-related services
are exempt from GST.
4. Online Educational
Periodicals
Supply of online educational
journals, research publications, and educational periodicals to eligible
educational institutions is exempt from GST.
This exemption encourages
research, academic learning, and digital education.
Example
A university subscribes to an
online legal research journal for students and faculty.
The supply of the online
educational periodical qualifies for GST exemption under the notified
provisions.
5. Educational Boards Treated
as Educational Institutions
For the limited purpose of
conducting examinations, Central and State Educational Boards are
treated as educational institutions.
Accordingly, services provided by
these boards for:
- Conducting board examinations
- Entrance examinations
- Evaluation and certification
are exempt from GST.
Example
Services provided by a State
Education Board for conducting Class X and Class XII board examinations are
exempt from GST.
6. Skill Development
Programmes
To promote employment and
vocational education, services provided under specified Government skill
development initiatives are exempt from GST.
These include programmes
conducted under:
- National Skill Development Corporation (NSDC)
- Sector Skill Councils (SSC)
- Assessment Agencies (AA)
- Approved Training Partners
Examples of approved training
partners include organisations notified under the relevant schemes.
Example
An NSDC-approved training partner
conducts a welding certification programme under a Government skill development
initiative.
The training service is exempt
from GST.
7. Deen Dayal Upadhyaya
Grameen Kaushalya Yojana (DDU-GKY)
Services provided under the Deen
Dayal Upadhyaya Grameen Kaushalya Yojana (DDU-GKY) are also exempt.
The objective of this scheme is
to provide skill training and employment opportunities to rural youth.
Example
A training institute approved
under DDU-GKY provides hospitality training to unemployed rural youth.
The training services are exempt
from GST.
Summary of Educational Exemptions
|
Service |
GST Status |
|
Services
provided by recognised educational institutions to students, faculty and
staff |
Exempt |
|
Transportation
of students, faculty and staff |
Exempt
(subject to conditions) |
|
Mid-Day Meal
and eligible catering services |
Exempt |
|
Security and
housekeeping services for schools/Anganwadis |
Exempt |
|
Examination-related
services |
Exempt |
|
Online
educational periodicals supplied to eligible institutions |
Exempt |
|
Services
under NSDC skill development programmes |
Exempt |
|
Services
under DDU-GKY |
Exempt |
Practical Illustration
A recognised college provides the following services during
an academic year:
|
Service |
GST Applicability |
|
Tuition Fees |
Exempt |
|
Admission
Fees |
Exempt |
|
Library
Facilities |
Exempt |
|
Examination
Fees |
Exempt |
|
Online
Educational Journal Subscription |
Exempt |
|
Transportation
Facility for Students |
Exempt (where
covered by the notification) |
Since these services fall within the notified exemption
categories and the institution satisfies the prescribed conditions, GST is not
payable on these supplies.
- Services provided by recognised educational institutions to students, faculty and staff are exempt from GST.
- Examination-related services and online educational periodicals supplied to eligible institutions also enjoy GST exemption.
- Transportation, catering, security and housekeeping services for schools and Anganwadis are exempt subject to prescribed conditions.
- Skill development programmes conducted under NSDC and DDU-GKY are exempt to encourage vocational education and employment.
- Institutions must ensure that the course or qualification is recognised under Indian law wherever the exemption specifically requires such recognition.
Healthcare Services Exempt from GST
Healthcare is one of the most
important sectors where the Government has provided extensive GST exemptions to
ensure affordable medical treatment for the public. Most healthcare services
provided by eligible medical establishments and authorised healthcare
professionals are exempt from GST, subject to the prescribed conditions.
The objective of these exemptions
is to reduce the cost of medical treatment and improve access to quality
healthcare across the country. The GST exemption covers not only diagnosis and
treatment but also several related healthcare services.
1. Veterinary Healthcare
Services
Healthcare services provided for animals
and birds are exempt from GST.
The exemption includes:
- Diagnosis
- Medical treatment
- Surgery
- Preventive healthcare
- Animal care services
provided by a veterinary clinic
or veterinary hospital.
Example
A veterinary hospital treats an
injured pet dog and charges ₹5,000 for treatment.
Since the service is provided by
a veterinary clinic for the healthcare of animals, GST is not applicable.
2. Healthcare Services for
Human Beings
Healthcare services provided by
eligible medical establishments are exempt from GST.
Healthcare services include:
- Diagnosis of diseases
- Medical treatment
- Surgical treatment
- Nursing care
- Preventive healthcare
- Food supplied to admitted patients
- Ambulance services
- Treatment of diseases, abnormalities, injuries,
deformities and infertility
- Hair transplant and cosmetic or plastic surgery
undertaken for medical treatment or reconstruction
The exemption applies when
services are provided by:
- Hospitals
- Nursing homes
- Clinics
- Sanatoriums
- Pathology laboratories
- Diagnostic centres
- Authorised healthcare professionals such as
physiotherapists and dietitians, where covered by the healthcare
exemption.
Example
A patient undergoes appendix
surgery in a hospital.
|
Particulars |
Amount |
|
Hospital Charges |
₹1,80,000 |
|
GST |
Nil |
The hospital is not required to
charge GST because eligible healthcare services are exempt.
Important Note
Cosmetic procedures performed solely
for beautification or aesthetic purposes are generally taxable. However,
cosmetic or plastic surgery undertaken for reconstructive or therapeutic
treatment is covered under the healthcare exemption.
3. Treatment of Infertility
(IVF)
Healthcare services relating to
infertility treatment, including In Vitro Fertilisation (IVF), are
covered under the healthcare exemption.
Example
A fertility clinic provides IVF
treatment to a couple.
The medical treatment qualifies
as healthcare service and is exempt from GST.
4. Ambulance Services
Services provided by way of transportation
of patients in an ambulance are exempt from GST.
The exemption applies
irrespective of whether the ambulance service is provided by:
- Hospital
- Government body
- Private operator
- Charitable organisation
Example
A private ambulance transports a
patient from one hospital to another and charges ₹3,000.
No GST is payable on the
ambulance charges.
5. ICU, CCU, ICCU and NICU
Services
Charges for specialised critical
care units are fully exempt.
These include:
- Intensive Care Unit (ICU)
- Coronary Care Unit (CCU)
- Intensive Coronary Care Unit (ICCU)
- Neonatal Intensive Care Unit (NICU)
The exemption applies without
any monetary limit.
Example
A patient is admitted to the ICU
for three days and is charged ₹45,000.
Since ICU services form part of
exempt healthcare services, GST is not applicable.
6. Hospital Room Charges
Room charges in hospitals (other
than ICU/CCU/ICCU/NICU) are exempt where the room rent does not exceed
₹5,000 per day, as specified in the uploaded material.
Example
|
Room Rent |
GST Status |
|
₹4,800 per day |
Exempt |
|
ICU Room |
Exempt irrespective of value |
Hospitals should verify the
applicable provisions and notifications for room charges, as GST treatment may
vary depending on subsequent amendments.
7. Rehabilitation Centres
Services provided by recognised
rehabilitation professionals through:
- Rehabilitation centres
- Medical establishments
- Educational institutions
- Centres established by the Central Government,
State Government, Union Territory or recognised trusts
are exempt from GST.
These services include:
- Rehabilitation therapy
- Counselling
- Special education support
- Recovery programmes
Example
A rehabilitation centre provides
therapy to accident victims to help them regain mobility.
The rehabilitation services are
exempt from GST.
8. Public Convenience Services
Services providing public
convenience facilities are also exempt.
These include:
- Public toilets
- Washrooms
- Bathrooms
- Urinals
- Similar sanitation facilities
Example
A municipal authority operates a
public toilet and collects a nominal user charge.
The service is exempt from GST.
Summary of Healthcare
Exemptions
|
Healthcare Service |
GST Status |
|
Veterinary healthcare |
Exempt |
|
Hospital treatment |
Exempt |
|
Diagnostic services |
Exempt |
|
Pathology laboratory services |
Exempt |
|
Physiotherapy and dietetic services (where covered) |
Exempt |
|
Ambulance services |
Exempt |
|
IVF treatment |
Exempt |
|
ICU/CCU/ICCU/NICU services |
Exempt |
|
Eligible hospital room charges |
Exempt |
|
Rehabilitation services |
Exempt |
|
Public convenience facilities |
Exempt |
Practical Illustration
A hospital provides the following
services:
|
Service |
GST Applicability |
|
General surgery |
Exempt |
|
Diagnostic tests |
Exempt |
|
Ambulance facility |
Exempt |
|
ICU admission |
Exempt |
|
Food supplied to admitted patient |
Exempt |
|
IVF treatment |
Exempt |
|
Cosmetic surgery for accident reconstruction |
Exempt |
Since these services qualify as
healthcare services under the GST exemption provisions, GST is not payable on
these supplies.
- Most healthcare services provided by eligible medical establishments are exempt from GST.
- Veterinary healthcare services are also exempt.
- Ambulance services remain exempt irrespective of the service provider.
- IVF treatment, diagnostic services, rehabilitation services, and critical care services are covered under the exemption.
- Proper classification of healthcare services is essential to ensure correct GST compliance and avoid disputes.
Sports Services Exempt from GST
To promote sports and encourage
participation in national and international sporting events, the Government has
granted GST exemptions to specified sports-related services. These exemptions
cover services provided by recognised sports bodies, individual sportspersons,
sponsors, and services relating to major international sporting events.
The exemption aims to reduce the
tax burden on sporting activities and support the development of sports in
India.
1. Services Relating to FIFA
Events
Services provided by or to
FIFA (Fédération Internationale de Football Association) and its
subsidiaries in relation to notified FIFA events are exempt from GST.
The exemption covers:
- FIFA U-17 World Cup
- FIFA U-17 Women's World Cup
- Other notified FIFA events under the exemption
notification
Example
A company provides event
management services directly to FIFA for organising the FIFA U-17 Women's World
Cup.
Such services are exempt from
GST, provided they satisfy the conditions of the exemption notification.
2. Services Relating to the
Asian Football Confederation (AFC)
Services provided by or to the
Asian Football Confederation (AFC) and its subsidiaries in connection with
the AFC Women's Asia Cup 2022 are exempt from GST.
The exemption applies to services
directly or indirectly related to the organisation and conduct of the event.
Example
An event organiser provides
logistics services to AFC during the AFC Women's Asia Cup.
The services qualify for GST
exemption under the notified provisions.
3. Sponsorship of Sporting
Events
Services provided by way of sponsorship
of sporting events organised by a recognised sports body are exempt from
GST.
A recognised sports body may
include national or state-level sports federations recognised by the
Government.
Example
A company sponsors a national
badminton championship organised by a recognised sports federation.
The sponsorship service qualifies
for GST exemption.
4. Services Provided by
Individual Sportspersons
Services provided by individuals
participating in sporting events organised by recognised sports bodies are
exempt.
The exemption covers services
rendered as:
- Player
- Athlete
- Referee
- Umpire
- Coach
- Team Manager
Example
A cricket umpire officiates in a
tournament organised by a recognised sports association.
The remuneration received by the
umpire is exempt from GST.
Similarly, coaching services
provided by a coach appointed for a recognised sporting event are also exempt.
5. Services Between Recognised
Sports Bodies
Services supplied by one
recognised sports body to another recognised sports body are exempt from GST.
This facilitates cooperation
between sports organisations for conducting tournaments, training camps, and
sporting events.
Example
A State Cricket Association
provides stadium facilities to another recognised cricket association for
conducting a domestic tournament.
The service qualifies for GST
exemption.
Summary of Sports Exemptions
|
Sports Service |
GST Status |
|
Services by or to FIFA for notified events |
Exempt |
|
Services by or to AFC for notified events |
Exempt |
|
Sponsorship of recognised sporting events |
Exempt |
|
Services by players |
Exempt |
|
Services by referees and umpires |
Exempt |
|
Services by coaches |
Exempt |
|
Services by team managers |
Exempt |
|
Services between recognised sports bodies |
Exempt |
Practical Illustration
A recognised sports federation
organises a national football championship and receives the following services:
|
Service |
GST Applicability |
|
Sponsorship from a corporate entity |
Exempt |
|
Referee services |
Exempt |
|
Coaching services |
Exempt |
|
Team manager services |
Exempt |
|
Services received from another recognised sports federation |
Exempt |
Since these services are provided
in connection with recognised sporting events and fulfil the prescribed
conditions, they are exempt from GST.
Important Points
- The exemption is available only where the sporting
event is organised by a recognised sports body or is covered under
the relevant GST exemption notification.
- Services connected with specifically notified
international events such as FIFA and the AFC Women's Asia Cup
are exempt only for the notified period and subject to the applicable
conditions.
- Commercial services not covered by the exemption
notification may remain taxable under GST.
- GST exemptions are available for specified sports-related services to encourage sporting activities and international events.
- Services provided by or to FIFA and AFC in relation to notified events are exempt.
- Sponsorship of recognised sporting events enjoys GST exemption.
- Services provided by players, referees, umpires, coaches, and team managers participating in recognised sporting events are exempt.
- Services supplied between recognised sports bodies are also exempt.
- Taxpayers should verify that the sporting event and the service fall within the scope of the applicable GST exemption notification before claiming the exemption.
Government Services Exempt from GST
The Government performs numerous
public welfare functions through the Central Government, State Governments,
Union Territories, Local Authorities, and Governmental Authorities. To ensure
that essential public services remain affordable and to avoid unnecessary tax
burdens on welfare activities, several Government services are exempt from GST.
These exemptions apply to
specified services provided by or to Government authorities, as well as
services performed in connection with constitutional functions, public
administration, infrastructure development, agriculture, and public safety.
However, certain commercial services continue to remain taxable under GST.
1. Services Relating to
Functions under Articles 243G and 243W
Services relating to functions
entrusted to Panchayats (Article 243G) and Municipalities (Article
243W) of the Constitution are exempt from GST.
These functions include:
- Urban planning
- Rural development
- Public health
- Water supply
- Sanitation
- Land consolidation
- Slum improvement
- Solid waste management
The exemption also extends to:
- Pure services
- Composite supplies where the value of goods does
not exceed 25% of the total value (i.e., service component is at
least 75%).
Example
A contractor is engaged by a
Municipal Corporation exclusively for city sanitation services.
Since the service relates to a
function under Article 243W, the supply is exempt from GST.
Important Note
Sanitation or conservancy
services supplied to departments that do not fall within the constitutional
functions (for example, certain defence establishments) may not qualify for
this exemption.
2. Specified Public Welfare
Services
Services relating to the
following public welfare activities supplied to a Governmental Authority are
exempt:
- Water supply
- Public health
- Sanitation
- Conservancy
- Solid waste management
- Slum improvement
- Urban development
Example
A company undertakes solid waste
management for a Municipal Corporation.
The service qualifies for GST
exemption, subject to the prescribed conditions.
3. Government Services to
Non-Business Entities
Services provided by the Central
Government, State Government, Union Territory, or Local Authority to a non-business
entity are generally exempt from GST.
However, certain commercial
services continue to remain taxable.
These include services provided
by:
- Department of Posts (except specified basic postal
services)
- Indian Railways
- Services relating to aircraft or vessels
- Transportation of goods or passengers
Example
A Government department issues a
certificate to an individual for personal purposes.
The service is generally exempt
from GST.
4. Government Services to
Small Business Entities
Services supplied by the
Government to a business entity are exempt where the recipient's aggregate
turnover in the preceding financial year does not exceed the threshold limit
for GST registration, subject to the conditions specified in the exemption
notification.
Example
A small trader below the GST
registration threshold obtains a licence from a Government department.
The licence service may qualify
for GST exemption under the relevant notification.
5. Services Between Government
Departments
Services provided by one
Government department to another Government department are exempt, except for
specified taxable services.
Example
A State Government department
provides administrative support to another State Government department.
The service is exempt from GST.
6. Small Value Government
Services
Government services having a
value up to ₹5,000 are exempt from GST.
For continuous supply of
services (where the service extends beyond three months with periodic
payments), the ₹5,000 limit is considered on a financial year basis.
Example
A Government office issues a
duplicate certificate and charges ₹2,000.
Since the value is within the
prescribed limit, the service is exempt.
7. Government Grants
Services where consideration is
received in the form of a Government grant are exempt.
Example
A Government entity receives
grant funding for implementing a rural development programme.
The service covered by the
notified exemption is not liable to GST.
8. Long-Term Lease of
Industrial Plots
Granting a long-term lease (30
years or more) of industrial plots or plots for infrastructure development
by:
- State Government Industrial Development
Corporations, or
- Government-controlled entities (with 20% or more
Government ownership),
is exempt from GST.
Example
A State Industrial Development
Corporation grants a 99-year lease of an industrial plot to a manufacturing
company.
The lease qualifies for GST
exemption under the prescribed notification.
9. Spectrum Allotment
Services relating to the
allotment of spectrum prior to 1 April 2016 are exempt from GST.
10. Registration, Testing and
Certification Services
The following Government services
are exempt:
- Registration under any law
- Testing
- Calibration
- Safety inspections
- Certification relating to public safety, workers'
safety or consumer protection
- Fire licence-related services
Example
A factory obtains a statutory
safety certification from a Government department.
The certification service is
exempt from GST.
11. Cancellation of Government
Contracts
Amounts recovered as liquidated
damages or penalties for non-performance of Government contracts are exempt
from GST in the situations specified in the exemption notification.
12. Agriculture-Related Rights
Granted by Government
Assignment of the right to use
natural resources for:
- Cultivation of plants
- Rearing of animals (other than horses)
- Production of food, fibre or raw materials
is exempt from GST.
13. Merchant Overtime Fee
(MOT)
Merchant Overtime Fee collected
by Government departments for deploying officers after office hours or on
holidays for customs-related inspections is exempt.
Example
Customs officers inspect export
containers after office hours upon payment of Merchant Overtime Fee.
The fee collected is exempt from
GST.
14. Right to Information (RTI)
Fees collected for providing
information under the Right to Information Act are exempt from GST.
Example
An individual pays the prescribed
RTI application fee to obtain information from a Government department.
The fee is not subject to GST.
15. Government Loan Guarantee
Services provided by the Central
Government, State Government or Union Territory by way of guaranteeing loans to
Government undertakings or Public Sector Undertakings (PSUs) are exempt from
GST.
Summary of Government Service
Exemptions
|
Government
Service |
GST Status |
|
Functions under Articles 243G & 243W |
Exempt |
|
Water supply and sanitation services |
Exempt |
|
Public health and solid waste management |
Exempt |
|
Services to non-business entities |
Exempt (subject to exceptions) |
|
Services to eligible small business entities |
Exempt |
|
Inter-Government services |
Exempt |
|
Government services up to ₹5,000 |
Exempt |
|
Government grants |
Exempt |
|
Long-term lease of industrial plots |
Exempt |
|
Registration, testing and certification |
Exempt |
|
RTI services |
Exempt |
|
Merchant Overtime Fee |
Exempt |
|
Government loan guarantee |
Exempt |
Practical Illustration
A Municipal Corporation enters
into the following contracts:
|
Service |
GST Applicability |
|
City sanitation project |
Exempt |
|
Solid waste management |
Exempt |
|
Water supply project |
Exempt |
|
Public health programme |
Exempt |
|
Safety certification issued by Government |
Exempt |
|
RTI application fee |
Exempt |
All the above services qualify
for exemption where the prescribed conditions under the GST exemption
notifications are fulfilled.
- Many Government services are exempt from GST to promote public welfare and reduce the tax burden on essential civic functions.
- Services relating to constitutional functions under Articles 243G and 243W enjoy significant GST exemptions.
- Public health, sanitation, water supply, registration, testing, RTI services, and Government grants are among the major exempt categories.
- Certain Government services, such as specified commercial services, remain taxable.
- Taxpayers should always verify the applicable exemption notification and ensure that all prescribed conditions are satisfied before claiming a GST exemption.
Agriculture & Allied Services Exempt from GST
Agriculture is the backbone of
the Indian economy, providing livelihood to millions of farmers. To reduce the
financial burden on the agricultural sector and promote rural development, the
Government has granted GST exemptions to various agriculture and allied
services. These exemptions cover services directly connected with cultivation,
animal husbandry, storage, warehousing, electricity distribution, job work, and
other agricultural support activities.
The objective is to ensure that
essential agricultural operations remain cost-effective and that farmers are
not burdened with indirect taxes on critical services.
1. Infrastructure for
Agricultural Electricity Distribution
Services relating to the construction,
erection, commissioning, or installation of infrastructure for extending
electricity distribution networks up to agricultural tube-wells are exempt from
GST.
The exemption applies when such
services are provided by an Electricity Distribution Utility for agricultural
use.
Example
An electricity distribution
company installs power lines and transformers to connect irrigation tube-wells
in a village.
Since the infrastructure is meant
for agricultural use, the service is exempt from GST.
2. Loading, Unloading, Packing
and Warehousing of Rice
Services relating to:
- Loading
- Unloading
- Packing
- Storage
- Warehousing
of rice are exempt from
GST.
Example
A warehouse stores rice belonging
to a food processing company and charges storage fees.
The warehousing charges are
exempt from GST.
3. Warehousing of Minor Forest
Produce
Storage and warehousing services
relating to minor forest produce are exempt.
Minor forest produce generally
includes naturally available forest products collected without cutting trees,
such as:
- Honey
- Bamboo
- Tendu leaves
- Lac
- Medicinal herbs
Example
A cooperative society stores
tendu leaves collected by tribal farmers.
The warehousing service is exempt
from GST.
4. Warehousing of Agricultural
Produce
Services by way of storage or
warehousing of agricultural produce are exempt.
This includes:
- Cereals
- Pulses
- Fruits
- Vegetables
Important Note
The uploaded document
specifically states that storage or warehousing of cotton in ginned or baled
form is taxable, as it does not qualify for this exemption.
Example
A warehouse stores wheat and
pulses after harvest.
The warehousing charges are
exempt from GST.
5. Transmission and
Distribution of Electricity
Transmission and distribution of
electricity by transmission utilities, such as electricity distribution
companies and power transmission entities, are exempt from GST.
Example
A State Electricity Distribution
Company supplies electricity to farmers for irrigation purposes.
The transmission and distribution
service is exempt.
6. Services Relating to
Cultivation of Plants and Rearing of Animals
A wide range of services directly
connected with agriculture and animal husbandry are exempt.
These include:
(a) Agricultural Operations
Services directly related to the
cultivation and production of agricultural produce.
Example
Land preparation, sowing,
irrigation and harvesting assistance.
(b) Supply of Farm Labour
Providing agricultural labour for
farming operations is exempt.
Example
A labour contractor supplies
workers for harvesting paddy crops.
The service is exempt.
(c) Agricultural Processes
Processes carried out at the farm
that do not change the essential characteristics of agricultural produce
but merely make it marketable are exempt.
Examples include:
- Cleaning
- Drying
- Sorting
- Grading
(d) Renting or Leasing of
Agricultural Machinery and Land
GST exemption applies to:
- Renting of agricultural machinery
- Leasing of agricultural equipment
- Leasing of vacant agricultural land
- Structures incidental to agricultural use
Example
A farmer hires a tractor for
ploughing fields.
The hiring charges are exempt.
(e) Loading, Packing and
Storage of Agricultural Produce
Services such as:
- Loading
- Unloading
- Packing
- Storage
- Warehousing
of agricultural produce are
exempt.
(f) Agricultural Extension
Services
Training, advisory and technical
guidance provided to farmers for improving agricultural productivity are
exempt.
(g) Services by Agricultural
Produce Marketing Committee (APMC)
Services provided by:
- Agricultural Produce Marketing Committees (APMCs)
- Agricultural Marketing Boards
- Commission agents involved in the sale or purchase
of agricultural produce
are exempt from GST.
7. Job Work in Agriculture
Intermediate production processes
carried out as job work in relation to:
- Cultivation of plants
- Rearing of animals (other than horses)
- Agricultural produce
are exempt.
Important Exception
The uploaded document
specifically clarifies that:
Milling of paddy into rice on a
job work basis is taxable, and GST is payable only on the processing
charges (job work charges), not on the value of the rice.
Example
A farmer sends harvested paddy
for cleaning and drying before sale.
Such intermediate processing
qualifies for exemption.
8. Artificial Insemination of
Livestock
Services relating to artificial
insemination of livestock (other than horses) are exempt from GST.
Example
A veterinary technician performs
artificial insemination on dairy cattle.
The service is exempt.
9. Processing of Fruits and
Vegetables
The following services relating
to fruits and vegetables are exempt, provided they do not alter their essential
characteristics:
- Pre-conditioning
- Pre-cooling
- Ripening
- Waxing
- Retail packing
- Labelling
Example
A cold storage facility ripens
mangoes before dispatch to retailers.
The service is exempt from GST.
10. Cold Chain Knowledge
Distribution
Services provided by the National
Centre for Cold Chain Development (NCCD) for the distribution of cold chain
knowledge are exempt.
These services promote efficient
storage and transportation of perishable agricultural produce.
Summary of Agriculture & Allied Service Exemptions
|
Agriculture Service |
GST Status |
|
Agricultural
electricity infrastructure |
Exempt |
|
Loading,
unloading and warehousing of rice |
Exempt |
|
Warehousing
of minor forest produce |
Exempt |
|
Storage of
cereals, pulses, fruits and vegetables |
Exempt |
|
Transmission
and distribution of electricity |
Exempt |
|
Agricultural
operations |
Exempt |
|
Supply of
farm labour |
Exempt |
|
Agricultural
processing without changing essential characteristics |
Exempt |
|
Leasing of
agricultural machinery and land |
Exempt |
|
Agricultural
extension services |
Exempt |
|
APMC services |
Exempt |
|
Agricultural
job work |
Exempt
(subject to exceptions) |
|
Artificial
insemination of livestock |
Exempt |
|
Processing of
fruits and vegetables |
Exempt |
|
Cold chain
knowledge distribution |
Exempt |
A farmer engages different service providers during a crop
season:
|
Service |
GST Applicability |
|
Tractor hired
for ploughing |
Exempt |
|
Farm labour
for harvesting |
Exempt |
|
Storage of
wheat |
Exempt |
|
Cold storage
of fruits |
Exempt |
|
Cleaning and
grading of agricultural produce |
Exempt |
|
Artificial
insemination of dairy cattle |
Exempt |
|
Paddy milling
on job work basis |
Taxable
(GST applicable on processing charges only) |
- Most services directly connected with agriculture are exempt from GST to support farmers and reduce cultivation costs.
- Exemptions include agricultural operations, farm labour, warehousing, electricity distribution, leasing of agricultural machinery, APMC services, and agricultural extension services.
- Processing activities that merely make agricultural produce marketable without changing its essential character are exempt.
- Warehousing of cotton in ginned or baled form and job work involving the milling of paddy into rice are specifically excluded from the exemption and are taxable as provided in the uploaded document.
- Taxpayers should carefully verify the applicable GST notification and fulfil the prescribed conditions before claiming any exemption.
Passenger Transportation Services Exempt from GST
The Government has exempted
several passenger transportation services under GST to make public transport
affordable and encourage the use of economical modes of travel. These
exemptions mainly apply to transportation by water, road, rail, and air, subject
to specific conditions prescribed under the GST exemption notifications.
However, not every passenger
transport service is exempt. Luxury, tourist, air-conditioned, and certain
commercial transport services continue to attract GST.
The important exemptions relating
to passenger transportation are discussed below.
1. Transportation by Water
Passenger transportation through
specified water transport services is exempt from GST.
The exemption covers:
- Inland waterways
- Public transport through other waterways
However, transportation provided primarily
for tourism does not qualify for the exemption and is taxable.
Example
Passengers travelling by a public
ferry across a river pay ferry charges.
The transportation service is
exempt from GST.
Important Note
Cruise services and
tourism-oriented water transport are generally taxable because they are not
considered public transportation.
2. Transportation by Road
Several passenger transport
services by road are exempt.
(a) Non-AC Contract Carriage
(Public Transport)
Transportation of passengers by non-air-conditioned
contract carriage used for public transport is exempt.
However, the exemption does not
apply to:
- Air-conditioned buses
- Tourist buses
- Special contract vehicles
Example
A non-AC public bus carries
passengers between two cities.
GST is not applicable.
(b) Stage Carriage (Non-AC)
Transportation by non-air-conditioned
stage carriage is exempt.
A stage carriage refers to a
public bus operating on fixed routes and carrying passengers for separate
fares.
Example
A State Transport bus operating
on a scheduled route is exempt from GST.
(c) School Bus Services
Transportation of students
through school buses is exempt.
Example
A school provides transportation
facilities for students through its own buses.
The transportation charges are
exempt from GST.
(d) Metered Cabs Operated by
the State Government
Passenger transportation through metered
cabs operated by the State Government is exempt.
Example
A passenger hires a
Government-operated metered taxi.
GST is not applicable.
(e) Rickshaws
Transportation by:
- Cycle rickshaw
- Auto rickshaw
is exempt.
However, app-based radio taxis
and similar notified services do not qualify for this exemption where GST is
applicable under the law.
Example
A passenger hires an
auto-rickshaw for local travel.
The fare is exempt from GST.
3. Transportation by Rail
Passenger transportation by Indian
Railways is exempt when travelling in:
- Second Class
- Sleeper Class
- Other non-AC classes
However, travel in:
- First Class
- Air-Conditioned Classes
is generally taxable.
The exemption also extends to
passenger transport through:
- Metro Rail
- Mono Rail
- Tramways
Example
A passenger purchases a
sleeper-class railway ticket.
No GST is payable on the ticket
fare.
4. Transportation by Air
Certain air travel services are
exempt from GST.
These include:
(a) Economy Class Travel in
the North Eastern Region (NER)
Economy-class air travel
connected with the North Eastern Region enjoys GST exemption.
(b) Regional Connectivity
Scheme (RCS)
Flights operated under the
Government's Regional Connectivity Scheme (UDAN) supported through
viability gap funding are exempt.
Example
A passenger travels on a
Government-supported regional flight under the UDAN scheme.
The air travel service qualifies
for GST exemption.
5. Embassy Services
Services provided by foreign
diplomatic missions, such as:
- Visa processing
- Consular services
are exempt from GST.
Example
An individual pays visa fees to a
foreign embassy in India.
The service is exempt.
6. Passport, Driving Licence
and Birth/Death Certificates
Services provided by the Central
Government, State Government, Union Territory or Local Authority by way of
issuing:
- Passport
- Visa on Arrival
- Driving Licence
- Birth Certificate
- Death Certificate
are exempt from GST.
Example
A citizen applies for a driving
licence at the Regional Transport Office (RTO).
The service is exempt from GST.
7. Tour Operator Services for
Foreign Tourists
Where a tour operator provides
services partly in India and partly outside India to a foreign
tourist, the portion of the service performed outside India is exempt.
The exemption is restricted to
the lower of:
- The proportionate value of services performed
outside India, or
- 50% of the total consideration charged for
the entire tour.
Example
A tour package covers Nepal and
India for a foreign tourist.
The eligible portion of the
services performed outside India qualifies for GST exemption, subject to the
prescribed limits.
Summary of Passenger
Transportation Exemptions
|
Passenger
Transportation Service |
GST Status |
|
Inland waterway transport |
Exempt |
|
Public ferry services |
Exempt |
|
Non-AC contract carriage (public transport) |
Exempt |
|
Non-AC stage carriage |
Exempt |
|
School bus transportation |
Exempt |
|
Government-operated metered cabs |
Exempt |
|
Cycle rickshaw and auto-rickshaw |
Exempt |
|
Non-AC railway travel |
Exempt |
|
Metro, Mono Rail and Tram |
Exempt |
|
Economy class flights in NER |
Exempt |
|
Regional Connectivity Scheme (UDAN) flights |
Exempt |
|
Embassy visa services |
Exempt |
|
Passport and driving licence services |
Exempt |
|
Eligible tour operator services for foreign tourists |
Partially Exempt |
Practical Illustration
A passenger uses the following
transport services during a month:
|
Service |
GST Applicability |
|
Public ferry across a river |
Exempt |
|
Non-AC State Transport Bus |
Exempt |
|
Auto-rickshaw ride |
Exempt |
|
Sleeper class railway ticket |
Exempt |
|
Metro Rail travel |
Exempt |
|
Government-supported regional flight (UDAN) |
Exempt |
|
Chartered AC bus hired by a company for employees |
Taxable |
- GST exemptions are available for many public passenger transportation services by water, road, rail, and air.
- Non-AC public transport, school buses, auto-rickshaws, metro rail, and specified regional air services are among the major exempt categories.
- Tourist transport, air-conditioned contract carriage services, chartered employee transportation, and certain services supplied through notified e-commerce operators remain taxable.
- Passport, driving licence, visa-related Government services, and specified tour operator services for foreign tourists also enjoy GST exemptions under prescribed conditions.
- Taxpayers should carefully verify the applicable exemption notification before claiming any exemption.
Goods Transportation Services Exempt from GST
Transportation of goods is an
essential part of trade and commerce. To reduce logistics costs for essential
commodities, agriculture, exports, and Government-related activities, the GST
law grants exemptions to several goods transportation services. These
exemptions apply to transportation by road, inland waterways, and specified
services provided by Goods Transport Agencies (GTAs), subject to prescribed
conditions.
However, not all transportation
services are exempt. Certain services, such as transportation by rail, export
cargo by aircraft or vessel, and taxable GTA services, continue to attract GST.
The major GST exemptions relating
to transportation of goods are discussed below.
1. Transportation of Goods by
Water
Transportation of goods through inland
waterways is exempt from GST.
This exemption encourages the use
of inland water transport as a cost-effective and environmentally friendly mode
of transportation.
Example
A company transports food grains
through inland waterways from one State to another.
The transportation service is
exempt from GST.
2. Transportation of Goods by
Road
Transportation of goods by
road, where the service is not provided by a Goods Transport Agency
(GTA) or a courier agency, is exempt from GST.
This means that transport by
individual truck owners or transporters who do not issue a consignment note
generally remains outside the GST net.
Example
A local truck owner transports
furniture without issuing a consignment note.
The transportation charges are
exempt from GST.
Important Note
Transportation by a Goods
Transport Agency (GTA) is governed by separate GST provisions and is
taxable unless specifically exempt.
3. Transportation of Import
Cargo
The uploaded chapter specifies
that transportation of import cargo by aircraft or vessel is exempt from
GST.
However, it also clarifies an
important exception:
Transportation of export cargo
by aircraft or vessel is taxable under the GST provisions referred to in
the uploaded material.
4. Transportation of Specified
Goods
Transportation of certain
essential goods by Rail, Vessel or GTA is exempt from GST.
The specified goods include:
- Milk
- Salt
- Flour
- Pulses
- Rice
- Agricultural Produce
- Newspapers
- Magazines
- Relief Materials
- Defence and Military Equipment
Example
A Goods Transport Agency
transports rice from a warehouse to a Government distribution centre.
The transportation service is
exempt because rice is one of the specified exempt goods.
5. GTA Services to
Unregistered Persons
Transportation of goods by a Goods
Transport Agency (GTA) to an unregistered person, including an
unregistered casual taxable person dealing in handicrafts, is exempt from GST.
Example
A GTA transports household goods
for an individual who is not registered under GST.
The transportation service
qualifies for exemption.
6. GTA Services to Government
Transportation of goods by a
Goods Transport Agency is exempt when provided to:
- Central Government
- State Government
- Union Territory
- Local Authority
- Governmental Authority
subject to the prescribed
conditions.
Example
A GTA transports office equipment
for a State Government department.
The transportation service is
exempt from GST.
7. Services Relating to Nepal
and Bhutan Transit Cargo
Services associated with the
movement of transit cargo to and from Nepal and Bhutan are exempt.
The exemption includes services
such as:
- Transportation
- Insurance
- Logistics support
Example
An Indian logistics company
transports goods from Kolkata Port to Nepal.
The transportation and related
transit services qualify for GST exemption.
8. Satellite Launch Services
Satellite launch services are
exempt from GST under the notified exemption.
Example
An Indian organisation provides
satellite launch services under the notified exemption.
The service is exempt from GST.
9. National Permit Services
Granting a National Permit
to a goods carriage for operation throughout India or contiguous States is
exempt.
Example
A transport operator obtains a
National Permit for a heavy goods vehicle.
The permit fee is exempt from
GST.
Summary of Goods
Transportation Exemptions
|
Goods
Transportation Service |
GST Status |
|
Transportation through inland waterways |
Exempt |
|
Road transport (other than GTA and courier) |
Exempt |
|
Transportation of import cargo by aircraft or vessel |
Exempt |
|
Transportation of specified goods by Rail, Vessel or GTA |
Exempt |
|
GTA services to unregistered persons |
Exempt |
|
GTA services to Government |
Exempt |
|
Nepal and Bhutan transit cargo services |
Exempt |
|
Satellite launch services |
Exempt |
|
National Permit for goods carriage |
Exempt |
Practical Illustration
A logistics company provides the
following services:
|
Service |
GST Applicability |
|
Transport of wheat by truck (non-GTA) |
Exempt |
|
Transport of rice by GTA |
Exempt |
|
Transport of newspapers by Rail |
Exempt |
|
Transport of relief materials |
Exempt |
|
Transport of household goods for an unregistered individual through
GTA |
Exempt |
|
Transit cargo service to Nepal |
Exempt |
|
National Permit issued for a goods vehicle |
Exempt |
Important Points
- Transportation by road is exempt only when the
service is not provided by a GTA or courier agency.
- Transportation of specified essential goods enjoys
exemption even when carried by Rail, Vessel, or GTA.
- GTA services are exempt only in the cases
specifically notified under the GST exemption provisions.
- The uploaded chapter specifically notes that
transportation of export cargo by aircraft or vessel is taxable,
whereas transportation of import cargo by aircraft or vessel is exempt.
- Several goods transportation services are exempt from GST to reduce logistics costs and support agriculture, public welfare, and international trade.
- Exemptions cover inland waterway transport, non-GTA road transport, transportation of specified goods, eligible GTA services, Nepal and Bhutan transit cargo, satellite launch services, and National Permit services.
- Businesses should determine whether the transporter is a GTA and verify the nature of the goods being transported before claiming an exemption.
- Compliance with the applicable GST notification is essential to ensure that the exemption is correctly availed and disputes are avoided.
Entertainment & Admission Fees Exempt from GST
The Government has granted GST
exemptions to certain entertainment, cultural, educational, and sporting
activities to encourage public participation in art, culture, heritage, and
sports. These exemptions primarily apply to admission fees charged for specified
events and places, as well as services provided by artists and institutions
engaged in promoting cultural and recreational activities.
However, the exemptions are
available only for the categories and monetary limits specified under the GST
exemption notifications.
1. Admission to Museums,
National Parks and Protected Monuments
GST is not applicable on
admission fees charged for entry into certain Government-recognised places of
historical, cultural, and environmental importance.
The exemption covers admission
to:
- Museums
- National Parks
- Wildlife Sanctuaries
- Tiger Reserves
- Zoos
- Protected Monuments
Example
A family purchases tickets to
visit a National Park.
The admission charges are exempt
from GST.
Similarly, entry tickets to
Government museums and protected monuments are also exempt.
2. Training or Coaching in
Arts and Culture
Services by way of training or
coaching in recreational activities relating to arts or culture are
exempt from GST.
These activities include:
- Music
- Dance
- Painting
- Theatre
- Classical arts
- Traditional cultural activities
Example
A music academy provides
classical vocal training to students.
The coaching service is exempt
from GST.
3. Sports Coaching
Training or coaching in sports is
also exempt from GST.
The objective is to promote
sports education and encourage participation in various sporting disciplines.
Example
A recognised sports academy
conducts coaching classes for young athletes.
The coaching fees are exempt from
GST.
4. Admission to Entertainment
Events
GST exemption is available where
the admission fee does not exceed ₹500 per person for specified
entertainment events.
The exemption applies to
admission for:
- Circus performances
- Dance performances
- Theatre and drama
- Ballet performances
- Award functions
- Concerts
- Musical performances
- Pageants
- Sporting events (other than recognised sporting
events)
- Recognised sporting events
- Planetarium shows
Example
A cultural organisation conducts
a classical dance performance and charges ₹300 per ticket.
Since the admission fee does not
exceed ₹500 per person, the entry fee is exempt from GST.
Important Note
If the admission fee exceeds the
prescribed limit or the event does not fall within the notified categories, GST
may become applicable.
5. FIFA and AFC Event
Admission
Admission fees for notified
international football events are exempt from GST.
The exemption includes:
- FIFA U-17 World Cup
- FIFA U-17 Women's World Cup
- AFC Women's Asia Cup 2022
Example
A spectator purchases a ticket
for a notified FIFA tournament.
The admission fee qualifies for
GST exemption under the applicable notification.
6. Folk and Classical Artists
Services provided by folk or
classical artists in relation to:
- Music
- Dance
- Theatre
are exempt where the
consideration charged does not exceed ₹1,50,000 per performance.
Example
A classical vocalist performs at
a cultural festival and receives ₹1,20,000 as professional fees.
The performance qualifies for GST
exemption.
Important Exception
If the artist provides services
as a brand ambassador, the exemption is not available and the service
becomes taxable.
Summary of Entertainment &
Admission Fee Exemptions
|
Entertainment
Service |
GST Status |
|
Entry to museums |
Exempt |
|
Entry to national parks |
Exempt |
|
Entry to wildlife sanctuaries |
Exempt |
|
Entry to tiger reserves |
Exempt |
|
Entry to zoos |
Exempt |
|
Entry to protected monuments |
Exempt |
|
Coaching in arts and culture |
Exempt |
|
Sports coaching |
Exempt |
|
Admission to specified entertainment events (up to ₹500 per person) |
Exempt |
|
Admission to notified FIFA and AFC events |
Exempt |
|
Folk and classical performances (up to ₹1,50,000 per performance) |
Exempt |
Practical Illustration
A charitable cultural
organisation conducts several programmes during a month:
|
Activity |
GST Applicability |
|
Entry to museum |
Exempt |
|
Classical music concert (₹450 ticket) |
Exempt |
|
Theatre performance (₹400 ticket) |
Exempt |
|
Sports coaching programme |
Exempt |
|
Folk dance performance (Artist Fee ₹1,25,000) |
Exempt |
|
Brand endorsement by the same artist |
Taxable |
- Entry to museums, national parks, wildlife sanctuaries, tiger reserves, zoos, and protected monuments is exempt from GST.
- Coaching in arts, culture, and sports enjoys GST exemption.
- Admission to specified entertainment events is exempt where the ticket price does not exceed ₹500 per person.
- Admission to notified FIFA and AFC football events is exempt.
- Services of folk and classical artists are exempt where the consideration does not exceed ₹1,50,000 per performance, but services provided as a brand ambassador remain taxable.
- Taxpayers should verify the applicable notification, monetary limits, and conditions before claiming a GST exemption.
Renting & Residential Accommodation Exempt from GST
The GST law provides exemptions for certain services
relating to residential accommodation and construction to promote affordable
housing and reduce the tax burden on individuals. These exemptions mainly cover
renting of residential dwellings for residential use, specified construction
services under Government housing schemes, Transfer of Development Rights
(TDR), Floor Space Index (FSI), and long-term lease of land for residential
projects.
However, these exemptions are subject to prescribed
conditions and may not apply in all cases. Taxpayers should carefully examine
the nature of the transaction before claiming the exemption.
1. Pure Labour Contracts under
Pradhan Mantri Awas Yojana (PMAY)
Services provided by way of pure
labour contracts for construction, erection, installation, completion,
repair, maintenance, renovation, or alteration of residential houses under the Housing
for All (Urban) Mission or Pradhan Mantri Awas Yojana (PMAY) are
exempt from GST.
Since only labour services are
covered, the exemption does not extend to contracts involving the supply of
construction materials.
Example
A contractor is engaged only for
labour work in constructing houses under PMAY.
The labour charges are exempt
from GST.
2. Pure Labour Contracts for a
Single Residential Unit
GST exemption is available for pure
labour contracts relating to the construction of a single residential
unit.
The exemption covers:
- Construction
- Erection
- Installation
- Commissioning
- Original works
for an individual residential
house.
Important Note
The exemption does not apply
to:
- Multi-storey residential buildings
- Apartment complexes
- Multi-unit residential projects
Example
A homeowner hires a contractor
only for labour services to construct an independent house.
The labour charges qualify for
GST exemption.
3. Renting of Residential
Dwelling
Renting of a residential property
intended for use as a residence is exempt from GST in cases covered by
the exemption notification.
The uploaded document
specifically states that the exemption applies on a Business-to-Consumer
(B2C) basis.
Important Clarification
Where:
- The recipient is a registered person,
- The recipient is the proprietor of a
proprietorship concern,
- The residential dwelling is rented in the
proprietor's personal capacity, and
- The property is used as the proprietor's own
residence,
the transaction is treated as B2C,
and the exemption continues to apply.
Example 1
Mr. A rents an apartment for his
family's residence.
Since the property is used solely
as a residence, the rent is exempt from GST.
Example 2
A registered sole proprietor
rents a flat in his own name for personal residence.
Although he is registered under
GST, the transaction is treated as B2C because the property is used for his own
residential purpose. Therefore, the rent remains exempt.
4. Transfer of Development
Rights (TDR) and Floor Space Index (FSI)
GST exemption is available for
services by way of transfer of:
- Transfer of Development Rights (TDR)
- Floor Space Index (FSI)
for construction of residential
apartments intended for sale, wholly or partly, subject to the conditions
specified in the exemption notification.
The exemption generally applies
where consideration is received before the issuance of the completion
certificate or before the first occupation of the project, whichever is
earlier.
Example
A landowner transfers development
rights to a real estate developer for constructing residential apartments
intended for sale.
The transfer qualifies for GST
exemption subject to the prescribed conditions.
5. Long-Term Lease of Land for
Residential Projects
Services by way of granting a long-term
lease of land (30 years or more) for the construction of residential
apartments intended for sale are exempt from GST.
The exemption covers
consideration received in the form of:
- Premium
- Salami
- Development charges
- Upfront price
- Any similar payment
subject to the conditions
specified in the notification.
Example
A development authority grants a 99-year
lease of land to a developer for constructing residential apartments.
The lease premium qualifies for
GST exemption where the prescribed conditions are fulfilled.
Important Clarifications
The uploaded chapter also
contains the following important clarifications:
Preferential Location Charges
(PLC)
Location charges or Preferential
Location Charges (PLC) paid upfront as part of a long-term lease form part of
the upfront lease premium and are covered by the exemption, subject to the
applicable conditions.
Sale of Land
The sale of land is covered under
Schedule III of the CGST Act and is neither a supply of goods nor a
supply of services. Therefore, GST is not applicable on the sale of
land.
Sale of Developed Land
The sale of developed land (after
levelling, drainage, or similar development activities) continues to be treated
as the sale of land and remains outside the scope of GST.
Development Services
Any separate service provided for
the development of land, such as site development or infrastructure work, is
taxable under GST.
Summary of Renting & Residential Accommodation
Exemptions
|
Service |
GST Status |
|
Pure labour
contract under PMAY |
Exempt |
|
Pure labour
contract for a single residential unit |
Exempt |
|
Renting of
residential dwelling for residential use (subject to conditions) |
Exempt |
|
TDR for
residential apartments |
Exempt |
|
FSI for
residential apartments |
Exempt |
|
Long-term
lease (30 years or more) for residential projects |
Exempt |
|
Sale of land |
Not a supply
under GST |
|
Sale of
developed land |
Not a supply
under GST |
|
Development
services relating to land |
Taxable |
Practical Illustration
A real estate developer undertakes the following
transactions:
|
Transaction |
GST Applicability |
|
Labour-only
contract for PMAY housing |
Exempt |
|
Labour-only
contract for an independent residential house |
Exempt |
|
Residential
apartment rented to an individual for personal residence |
Exempt
(subject to applicable conditions) |
|
Transfer of
Development Rights (TDR) for a residential project |
Exempt |
|
99-year lease
of land for residential apartments |
Exempt |
|
Sale of
vacant land |
Outside GST
(Schedule III) |
|
Site
development services |
Taxable |
- GST exemptions are available for specified labour contracts relating to affordable housing and single residential units.
- Renting of a residential dwelling for use as a residence is exempt in cases covered by the exemption notification, including certain situations involving registered proprietors using the property for personal residence.
- Transfer of Development Rights (TDR), Floor Space Index (FSI), and long-term leases for eligible residential projects are exempt subject to prescribed conditions.
- The sale of land and developed land is outside the scope of GST under Schedule III, whereas separate land development services are taxable.
- Taxpayers should always verify the latest GST notifications and satisfy all prescribed conditions before claiming an exemption.
Banking Services Exempt from GST
The banking and financial sector
plays a crucial role in the economy by providing credit, deposit, payment, and
financial inclusion services. While many banking services are taxable under
GST, the Government has exempted certain services to encourage financial
inclusion, facilitate banking operations, and reduce the cost of essential
financial services.
The GST exemptions primarily
cover interest-based transactions, specified foreign exchange transactions,
financial inclusion schemes, and certain intermediary services provided in
rural areas and International Financial Services Centres (IFSCs).
1. Interest on Loans, Advances
and Deposits
One of the most significant
exemptions under GST is interest income earned by banks and financial
institutions.
GST is not applicable on:
- Interest on loans
- Interest on advances
- Interest on deposits
- Discounting charges on bills (interest component)
This exemption applies because
interest is specifically excluded from the GST levy under the exemption
notification.
Example
A bank grants a home loan of ₹50
lakh to a customer and charges ₹4,20,000 as annual interest.
|
Particulars |
Amount |
|
Loan Amount |
₹50,00,000 |
|
Interest Charged |
₹4,20,000 |
|
GST |
Nil |
The interest earned by the bank
is exempt from GST.
Important Note
The uploaded document
specifically clarifies that interest involved in credit card services is
taxable and does not qualify for this exemption.
2. Foreign Exchange
Transactions Between Banks
Commission earned on the sale
or purchase of foreign currency between:
- Banking companies, and
- Authorised foreign exchange dealers
is exempt from GST.
Example
A commercial bank sells US
Dollars to another authorised dealer as part of inter-bank foreign exchange
transactions.
The commission earned on the
transaction is exempt from GST.
3. Pradhan Mantri Jan Dhan
Yojana (PMJDY)
Services provided under the Pradhan
Mantri Jan Dhan Yojana (PMJDY) are exempt from GST.
The scheme promotes financial
inclusion by providing access to basic banking facilities for all citizens.
Example
A bank opens a Basic Savings Bank
Deposit Account (BSBDA) under PMJDY and provides banking facilities to the
account holder.
The services covered under the
scheme are exempt from GST.
4. Card Transaction Processing
Charges
GST exemption is available for card
transaction processing services where the transaction amount does not
exceed ₹2,000.
The exemption applies to
processing transactions through:
- Credit Cards
- Debit Cards
- Other notified payment cards
Example
A customer purchases groceries
worth ₹1,800 using a debit card.
The card processing service
qualifies for GST exemption because the transaction amount is within the
prescribed limit.
5. Banking Correspondent and
Business Facilitator Services
To strengthen banking services in
rural areas, the following services are exempt:
Services by Business
Facilitators (BF)
Services provided by a Business
Facilitator to a banking company in respect of accounts maintained in rural
branches are exempt.
Services by Business
Correspondents (BC)
Services provided by a Business
Correspondent to a banking company in rural areas are also exempt.
Services by Intermediaries
Services provided by an
intermediary (agent of a Business Facilitator or Business Correspondent) are
exempt where they relate to the above exempt services.
Example
A Business Correspondent collects
deposits and assists customers on behalf of a rural branch of a bank.
The services provided are exempt
from GST.
6. Services to Insurance
Companies in Rural Areas
Services provided by a Business
Facilitator or Business Correspondent to an insurance company in a
rural area are exempt from GST.
Example
A Business Correspondent assists
a rural insurance company in collecting premium applications and servicing
policyholders.
The services qualify for GST
exemption.
7. IFSC Intermediary Services
Services provided by an
intermediary of financial services located in a Multi Services Special
Economic Zone (SEZ) having International Financial Services Centre
(IFSC) status are exempt when:
- The customer is located outside India, and
- The financial services are provided in currencies
other than Indian Rupees (INR).
Example
An IFSC-based financial
intermediary facilitates an international investment transaction for an
overseas client in US Dollars.
The intermediary service
qualifies for GST exemption.
Summary of Banking Service
Exemptions
|
Banking Service |
GST Status |
|
Interest on loans |
Exempt |
|
Interest on advances |
Exempt |
|
Interest on deposits |
Exempt |
|
Bill discounting (interest component) |
Exempt |
|
Inter-bank foreign exchange commission |
Exempt |
|
Services under PM Jan Dhan Yojana |
Exempt |
|
Card transaction processing (up to ₹2,000 transaction value) |
Exempt |
|
Business Facilitator services in rural areas |
Exempt |
|
Business Correspondent services in rural areas |
Exempt |
|
Intermediary services relating to BF/BC |
Exempt |
|
Rural insurance facilitation services |
Exempt |
|
IFSC intermediary financial services (subject to conditions) |
Exempt |
Practical Illustration
A bank provides the following
services during a month:
|
Service |
GST Applicability |
|
Home loan interest |
Exempt |
|
Savings account interest |
Exempt |
|
Bill discounting (interest portion) |
Exempt |
|
PM Jan Dhan account services |
Exempt |
|
Debit card transaction processing of ₹1,500 |
Exempt |
|
Business Correspondent services for a rural branch |
Exempt |
|
Credit card interest and related charges |
Taxable |
- Interest earned on loans, advances, deposits, and the interest component of bill discounting is exempt from GST.
- Interest and charges related to credit card services are specifically excluded from this exemption and remain taxable.
- Services under the Pradhan Mantri Jan Dhan Yojana (PMJDY) and eligible low-value card transaction processing services are exempt.
- Business Facilitators, Business Correspondents, and specified intermediary services in rural areas enjoy GST exemption.
- Certain financial intermediary services provided through an International Financial Services Centre (IFSC) to overseas customers are also exempt, subject to prescribed conditions.
- Businesses should carefully verify the applicable exemption notification and satisfy all conditions before claiming a GST exemption.
Insurance Services Exempt from GST
The insurance sector provides
financial security against various risks, including life, health, accidents,
pensions, and property loss. While most insurance services are taxable under
GST, the Government has exempted several insurance schemes introduced for
social security, financial inclusion, and public welfare.
These exemptions primarily cover
Government-sponsored insurance schemes, pension schemes, reinsurance of exempt
insurance policies, and insurance services provided to economically weaker
sections of society.
1. Annuity Services under the
National Pension System (NPS)
Services provided by way of life
insurance business through annuity plans under the National Pension
System (NPS) are exempt from GST.
An annuity provides a regular
stream of income to subscribers after retirement.
Example
A retired employee purchases an
annuity plan under the National Pension System and receives a monthly pension.
The annuity service provided by
the life insurance company is exempt from GST.
2. Group Insurance Schemes for
Armed Forces
Life insurance services provided
under Group Insurance Schemes for members of:
- Indian Army
- Indian Navy
- Indian Air Force
- Central Armed Police Forces (CAPFs)
are exempt from GST.
Example
A life insurance company provides
group insurance coverage to members of the Indian Army.
The insurance service is exempt
from GST.
3. Insurance Services by
Government Bodies
Insurance and social security
services provided through Government organisations are exempt.
The exemption covers services
provided by:
- Employees' State Insurance Corporation (ESIC)
- Employees' Provident Fund Organisation (EPFO)
- Coal Mines Provident Fund Organisation (CMPFO)
- National Pension System (NPS)
Example
ESIC provides medical insurance
benefits to eligible employees.
The services are exempt from GST.
4. General Insurance under
Specified Government Schemes
General insurance services
provided under notified Government welfare schemes are exempt.
Some of the schemes mentioned in
the uploaded chapter include:
- Hut Insurance Scheme
- Jan Arogya Bima Policy
- Pradhan Mantri Suraksha Bima Yojana (PMSBY)
- Niramaya Health Insurance Scheme
- Bangla Shasya Bima Yojana
These schemes primarily benefit
economically weaker sections, farmers, and vulnerable communities.
Example
A farmer purchases crop insurance
under the Bangla Shasya Bima Yojana.
The insurance service is exempt
from GST.
5. Life Insurance under
Specified Welfare Schemes
Life insurance services provided
under specified social welfare schemes are exempt.
These include:
- Jan Shree Bima Yojana
- Aam Aadmi Bima Yojana
- Life Micro Insurance Products (with maximum
insurance cover up to ₹2,00,000)
- Varishtha Pension Bima Yojana
- Pradhan Mantri Jan Dhan Yojana
- Pradhan Mantri Vaya Vandana Yojana
Example
A low-income individual purchases
a Life Micro Insurance Policy with a sum assured of ₹2 lakh.
The life insurance service
qualifies for GST exemption.
6. Insurance Premium Paid by
Government
Insurance services are exempt
where the entire insurance premium is paid by:
- Central Government
- State Government
- Union Territory
Example
A State Government pays the full
insurance premium for a health insurance scheme covering economically weaker
families.
Since the premium is fully paid
by the Government, the insurance service is exempt from GST.
7. Reinsurance Services
Services by way of reinsurance
of insurance policies that are themselves exempt are also exempt from GST.
This includes reinsurance
relating to:
- Exempt General Insurance Schemes
- Exempt Life Insurance Schemes
- Insurance where the premium is fully paid by the
Government
Example
An insurance company reinsures
policies issued under the Pradhan Mantri Suraksha Bima Yojana.
The reinsurance service is exempt
from GST.
8. Atal Pension Yojana (APY)
Services provided under the Atal
Pension Yojana (APY) are exempt from GST.
The scheme provides guaranteed
pension benefits to subscribers after retirement.
Example
A subscriber contributes
regularly under the Atal Pension Yojana.
The pension-related services are
exempt from GST.
9. State Pension Schemes
Services provided under State
Government Pension Schemes are also exempt from GST.
Example
A State Government pension scheme
provides retirement benefits to eligible citizens.
The services under the notified
pension scheme are exempt from GST.
Summary of Insurance Service
Exemptions
|
Insurance
Service |
GST Status |
|
Annuity under National Pension System (NPS) |
Exempt |
|
Group Insurance for Armed Forces |
Exempt |
|
ESIC, EPFO, CMPFO and NPS services |
Exempt |
|
General insurance under notified Government schemes |
Exempt |
|
Life insurance under specified welfare schemes |
Exempt |
|
Insurance where premium is fully paid by Government |
Exempt |
|
Reinsurance of exempt insurance policies |
Exempt |
|
Atal Pension Yojana (APY) |
Exempt |
|
State Pension Schemes |
Exempt |
Practical Illustration
An insurance company provides the
following services:
|
Service |
GST Applicability |
|
National Pension System annuity |
Exempt |
|
Army Group Insurance Scheme |
Exempt |
|
Pradhan Mantri Suraksha Bima Yojana |
Exempt |
|
Life Micro Insurance Policy (₹2 lakh cover) |
Exempt |
|
Health insurance fully funded by State Government |
Exempt |
|
Reinsurance of exempt Government insurance scheme |
Exempt |
|
Atal Pension Yojana services |
Exempt |
- Several Government-sponsored insurance and pension schemes are exempt from GST to promote financial security and social welfare.
- Exemptions cover annuity services under the National Pension System, Group Insurance Schemes for Armed Forces, ESIC, EPFO, CMPFO, and notified welfare insurance schemes.
- Insurance services where the entire premium is paid by the Government are also exempt.
- Reinsurance of exempt insurance policies enjoys the same GST exemption.
- Services provided under the Atal Pension Yojana and State Pension Schemes are exempt.
- Taxpayers should verify the applicable notification and ensure that the insurance scheme falls within the notified exemption before claiming GST exemption.
Business-related Exemptions under GST
While GST is generally applicable
to business and commercial transactions, the Government has granted exemptions
for certain business-related services to promote entrepreneurship, encourage
start-ups, reduce logistics costs, facilitate legal access, and support
specific sectors of the economy.
These exemptions cover the
transfer of a going concern, hiring of specified vehicles, toll charges,
incubator services, legal services, and business exhibitions held outside
India. Each exemption is subject to the conditions prescribed under the GST
exemption notifications.
1. Transfer of a Going Concern
Services by way of the transfer
of a going concern, either as a whole or as an independent part of a
business, are exempt from GST.
A going concern means a
business that is transferred as a running business with the intention of
continuing its operations.
Example
ABC Manufacturing Ltd. transfers
its entire textile division to another company along with employees, machinery,
contracts, and business operations.
Since the business is transferred
as a going concern, the transaction is exempt from GST.
2. Hiring of Motor Vehicles
(Capacity of 13 or More Passengers)
Hiring of a motor vehicle
designed to carry 13 or more passengers (including the driver) is exempt
when provided to specified recipients.
The exemption applies to:
- State Transport Undertakings
- Local Authorities
- Goods Transport Agencies (in specified cases)
- Persons providing transportation services to
students, faculty, and staff of educational institutions
Example
A transport company hires a
40-seater bus to a Government State Transport Undertaking.
The hiring service is exempt from
GST.
3. Hiring of Electric Vehicles
Services by way of hiring electric
vehicles (EVs) having a seating capacity of 13 or more passengers
are also exempt when supplied to eligible recipients.
Example
A company leases an electric bus
to a Municipal Transport Corporation for public transport.
The hiring charges are exempt
from GST.
4. Hiring of Goods Transport
Vehicles
Hiring of a goods transport
vehicle to a Goods Transport Agency (GTA) is exempt from GST.
Example
A truck owner rents a goods
vehicle to a GTA for transporting cargo.
The hiring service qualifies for
GST exemption.
5. Hiring of Vehicles for
Educational Institutions
Hiring of motor vehicles to a
person providing transportation services to:
- Students
- Faculty
- Staff
of a recognised educational
institution is exempt.
Example
A bus operator supplies school
buses to a contractor engaged in transporting students to a recognised school.
The hiring service is exempt from
GST.
6. Toll Charges
Services by way of granting
access to a road or bridge on payment of toll charges are exempt
from GST.
The exemption covers:
- National Highways
- State Highways
- Expressways
- Toll bridges
Important Clarification
The uploaded chapter clarifies
that:
- Additional toll charges collected from vehicles
not having FASTag
- Additional fees charged for overloaded vehicles
are treated as part of the toll
charges and are also exempt from GST.
Example
A truck pays ₹1,000 as toll
charges on a National Highway.
No GST is payable on the toll
charges.
7. Services Provided to
Start-ups (Incubatee)
Services provided by an incubator
to an eligible start-up (incubatee) are exempt from GST.
These services include:
- Office space
- Infrastructure
- Capital support
- Mentoring
- Coaching
- Networking
- Business advisory services
Conditions
The exemption is available where:
- The turnover of the start-up in the preceding
financial year does not exceed ₹50 lakh.
- The exemption is available for a period of up to
three years, subject to the conditions specified in the notification.
Example
A recognised technology incubator
provides office space and mentoring services to a newly incorporated software
start-up.
The services qualify for GST
exemption, provided the prescribed turnover and time-limit conditions are
satisfied.
8. Services Provided by an
Incubator
Services provided by a
recognised incubator to eligible incubatees are exempt under the prescribed
conditions.
Examples of incubators include:
- Research and Development Centres
- Technology Business Incubators
- Innovation Centres recognised under Government
programmes
Example
A university-based incubation
centre provides mentoring and networking support to an eligible biotechnology
start-up.
The service is exempt from GST.
9. Legal Services
Specified legal services provided
by:
- Individual Advocates
- Partnership Firms of Advocates
- Arbitral Tribunals
are exempt when provided to:
- Non-business entities
- Government Departments
- Business entities whose aggregate turnover in the
preceding financial year does not exceed the applicable GST registration
threshold
Legal services include:
- Legal advice
- Consultancy
- Representation before courts or tribunals
- Drafting of legal documents
Important Clarification
The uploaded document
specifically states that legal services provided by a Senior Advocate to
another Senior Advocate, Junior Advocate, or a Firm of Advocates are taxable
and do not qualify for this exemption.
Example
An advocate provides legal advice
to an individual for a family property dispute.
Since the recipient is a
non-business entity, the legal service is exempt from GST.
10. Business Exhibitions Held
Outside India
Services provided by an organiser
in respect of a business exhibition held outside India are exempt from
GST.
Example
An Indian trade association
organises an international footwear exhibition in Germany for Indian
manufacturers.
The organising service relating
to the exhibition held outside India is exempt from GST.
Summary of Business-related
Exemptions
|
Business-related
Service |
GST Status |
|
Transfer of a going concern |
Exempt |
|
Hiring of motor vehicles (13 or more passengers) to eligible
recipients |
Exempt |
|
Hiring of electric vehicles (13 or more passengers) |
Exempt |
|
Hiring of goods transport vehicles to GTA |
Exempt |
|
Hiring of vehicles for transportation to educational institutions |
Exempt |
|
Toll charges |
Exempt |
|
Services by recognised incubators to eligible start-ups |
Exempt (subject to conditions) |
|
Eligible incubator services |
Exempt |
|
Legal services to specified recipients |
Exempt |
|
Business exhibitions held outside India |
Exempt |
Practical Illustration
A company undertakes the
following transactions:
|
Transaction |
GST Applicability |
|
Sale of an entire running business division |
Exempt |
|
Hiring a 45-seater bus to a State Transport Undertaking |
Exempt |
|
Leasing a truck to a GTA |
Exempt |
|
Payment of National Highway toll charges |
Exempt |
|
Incubation services provided to an eligible technology start-up |
Exempt |
|
Legal advice provided by an advocate to an individual |
Exempt |
|
Organising a trade exhibition in Singapore |
Exempt |
- Transfer of a running business as a going concern is exempt from GST.
- Hiring of specified passenger vehicles, electric buses, and goods transport vehicles is exempt in notified cases.
- Toll charges collected for using roads and bridges are exempt, including additional charges for vehicles without FASTag or overloaded vehicles.
- Eligible start-ups receiving services from recognised incubators enjoy GST exemption subject to turnover and time-limit conditions.
- Legal services provided by advocates and arbitral tribunals to specified recipients are exempt, while certain services by senior advocates remain taxable.
- Services relating to business exhibitions conducted outside India are also exempt under the GST law.
- Businesses should ensure that all conditions prescribed under the relevant exemption notifications are fulfilled before claiming GST exemption.
Additional Exemptions under the IGST Act, 2017
Apart from the exemptions
available under the Central Goods and Services Tax (CGST) Act, 2017, certain
additional exemptions are provided under the Integrated Goods and Services
Tax (IGST) Act, 2017 through Notification No. 9/2017 – Integrated Tax
(Rate). These exemptions mainly relate to cross-border services, imports
of services, tourism, and international business transactions.
The objective of these exemptions
is to promote international trade, avoid double taxation, facilitate diplomatic
and charitable activities, and encourage exports of services.
1. Import of Services by
Specified Persons
Certain imported services are
exempt from IGST when:
- The supplier of service is located outside India,
and
- The recipient of service is located in India,
and
- The recipient belongs to a specified category
notified under the exemption.
The exemption is available when
services are imported by:
- Central Government
- State Government
- Union Territory
- Local Authority
- Governmental Authority
- Individuals using the service for personal
(non-business) purposes
- Recognised Charitable Trusts
- Foreign Diplomatic Missions (Embassies) for
official or personal use
- United Nations and other International
Organisations for official purposes
- Special Economic Zone (SEZ) Developers and SEZ
Units
Example
A recognised charitable trust in
India receives free consultancy services from an organisation located outside
India for its charitable projects.
The imported service qualifies
for exemption from IGST, subject to the prescribed conditions.
2. Tour Operator Services
Provided to Foreign Tourists
Services provided by an Indian
tour operator to a foreign tourist are exempt where the entire
tour is conducted outside India.
This exemption promotes inbound
tourism businesses that organise international tours.
Example
An Indian travel company
organises a tour covering France, Switzerland, and Italy for a foreign tourist.
Since the entire tour is
conducted outside India, the service is exempt from IGST.
3. Services Between Branch
Office and Head Office Located Outside India
Services supplied by:
- An Indian Branch Office to its Head Office located
outside India, or
- An Indian Head Office to its Branch Office located
outside India,
are exempt under the notified
provisions.
This exemption helps avoid
unnecessary taxation on specified intra-entity international transactions.
Example
An Indian branch office provides
accounting support to its Head Office situated in Singapore.
The service qualifies for
exemption under the IGST notification, subject to the prescribed conditions.
4. Intermediary Services Where
Both Supplier and Recipient of Goods Are Outside India
Services provided by an Indian
intermediary are exempt where:
- The supplier of goods is located outside India, and
- The recipient of goods is also located outside
India.
Although the intermediary is
located in India, the transaction qualifies for exemption under the notified
provisions.
Example
An Indian commission agent
facilitates the sale of machinery from a manufacturer in Germany to a buyer in
the United States.
Since both the supplier and
recipient of the goods are located outside India, the intermediary service
qualifies for the exemption under the uploaded material.
Summary of Additional IGST
Exemptions
|
Service |
GST Status |
|
Import of services by Government |
Exempt |
|
Import of services by recognised charitable trusts |
Exempt |
|
Import of services for personal use by individuals |
Exempt |
|
Import of services by Embassies |
Exempt |
|
Import of services by United Nations and International Organisations |
Exempt |
|
Import of services by SEZ Developers and SEZ Units |
Exempt |
|
Tour operator services conducted wholly outside India for foreign
tourists |
Exempt |
|
Services between Branch Office and Head Office located outside India |
Exempt |
|
Intermediary services where both supplier and recipient of goods are
outside India |
Exempt |
Practical Illustration
The following transactions are
undertaken by different organisations:
|
Transaction |
GST Applicability |
|
Consultancy service imported by a recognised charitable trust |
Exempt |
|
Legal service imported by an individual for personal use |
Exempt |
|
Tour package organised entirely outside India for a foreign tourist |
Exempt |
|
Accounting support from an Indian branch office to its foreign Head
Office |
Exempt |
|
Indian intermediary arranging export of goods between Germany and the
USA |
Exempt |
Important Points
- These exemptions are available under Notification
No. 9/2017 – Integrated Tax (Rate) issued under the IGST Act.
- The exemptions mainly apply to specified cross-border
services and international transactions.
- The eligibility for exemption depends on the location
of the supplier, location of the recipient, nature of the
service, and the status of the recipient.
- Proper documentation should be maintained to
substantiate the claim for exemption during GST audits or assessments.
- The IGST Act provides additional exemptions for specific international transactions to facilitate global trade and prevent double taxation.
- Import of services by Government bodies, recognised charitable trusts, individuals for personal use, embassies, international organisations, and SEZ units is exempt in specified cases.
- Tour operator services provided to foreign tourists for tours conducted wholly outside India are exempt.
- Services between branch offices and head offices located outside India, as well as certain intermediary services involving overseas parties, also qualify for exemption under the prescribed conditions.
- Taxpayers should carefully verify the applicable notification and satisfy all prescribed conditions before claiming any IGST exemption.
Summary Table of Important GST Exemptions
The following table provides a quick overview of the major
GST exemptions discussed in this chapter.
|
Category |
Major Exempt Services |
|
Charitable
& Religious Services |
Charitable
activities, public health services, yoga, religious ceremonies, renting of
religious places (subject to limits), Kailash Mansarovar Yatra, Haj Yatra |
|
Educational
Services |
Services by
recognised educational institutions, transportation, catering, examination
services, online educational periodicals, skill development programmes |
|
Healthcare
Services |
Hospital
treatment, diagnostic services, ambulance services, veterinary healthcare,
rehabilitation services, IVF treatment, ICU services |
|
Sports
Services |
Services by
players, referees, coaches, sponsorship of recognised sporting events, FIFA
and AFC events |
|
Government
Services |
Public
health, sanitation, water supply, Government grants, RTI services,
registration, testing, certification, long-term lease of industrial plots |
|
Agriculture
& Allied Services |
Farm labour,
warehousing of agricultural produce, agricultural operations, electricity
distribution, APMC services, agricultural extension services |
|
Passenger
Transportation |
Inland
waterways, non-AC public buses, school buses, auto-rickshaws, metro, non-AC
rail travel, specified air services |
|
Goods
Transportation |
Inland
waterways, specified goods transported by Rail/Vessel/GTA, transportation by
road (other than GTA), Nepal and Bhutan transit cargo |
|
Entertainment
& Admission Fees |
Museums,
National Parks, Wildlife Sanctuaries, coaching in arts and sports, admission
to specified events, folk and classical performances |
|
Renting
& Residential Accommodation |
Residential
dwelling for residential use (subject to conditions), PMAY labour contracts,
TDR, FSI, long-term lease of residential land |
|
Banking
Services |
Interest on
loans and deposits, PM Jan Dhan Yojana, rural banking correspondent services,
specified IFSC services |
|
Insurance
Services |
NPS annuity,
ESIC, EPFO, Government insurance schemes, Atal Pension Yojana, reinsurance of
exempt policies |
|
Business-related
Exemptions |
Transfer of
going concern, toll charges, legal services, incubator services, hiring of
specified vehicles, exhibitions outside India |
|
IGST
Exemptions |
Import of
services by specified persons, services between branch and head office,
foreign tour operator services, specified intermediary services |
The exemptions mentioned above are subject to the
conditions prescribed under the relevant GST notifications and amendments.
Frequently Asked Questions (FAQs)
Are legal services exempt?
Specified legal services provided by advocates and arbitral tribunals to eligible recipients are exempt, subject to the conditions prescribed under the exemption notification.
Is the transfer of a running business taxable under GST?
No. The transfer of a business as a going concern is exempt from GST.
Where can I check whether a service is exempt?
A taxpayer should refer to:
- Section 11 of the CGST Act, 2017
- Section 6 of the IGST Act, 2017
- Relevant GST Exemption Notifications issued by the Government
- Latest amendments and circulars issued by the CBIC
What is a GST exemption? Can a supplier claim Input Tax Credit (ITC) on exempt supplies?
A GST exemption means that no GST is payable on specified goods or services notified by the Government under the CGST Act or IGST Act. Generally, No. A supplier making exclusively exempt supplies cannot claim Input Tax Credit on inputs, input services, or capital goods used for such supplies.
Are healthcare services exempt from GST?
Yes. Most healthcare services provided by hospitals, clinical establishments, authorised medical professionals, ambulance services, and veterinary clinics are exempt, subject to the prescribed conditions.
Is education exempt from GST?
Yes. Services provided by recognised educational institutions to students, faculty, and staff are exempt. Certain examination services and Government-recognised skill development programmes are also exempt.
Is rent received from a residential house taxable under GST?
Renting of a residential dwelling for use as a residence is exempt in cases covered by the applicable GST exemption notification. Taxability depends on the nature of the recipient and the purpose of use.
Is interest charged by banks subject to GST?
Interest on loans, advances, and deposits is generally exempt from GST. However, charges relating to credit card services and other taxable banking services remain liable to GST.
Are agricultural services exempt?
Yes. Most services directly related to cultivation, farm labour, agricultural produce, warehousing, agricultural machinery, and agricultural extension services are exempt.

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