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Service of Overseas Education Advisory provided to the Universities abroad is not "Export of Service"

Shanti Prime Publication Pvt. Ltd.

Sec. 2(6) of the Integrated Goods and Services Act, 2017 — Export — The Applicant states that it provides Overseas Education Advisory whereby it promotes the courses of foreign universities among prospective students and wants a ruling on whether the service provided to the Universities abroad is to be considered "export" within the meaning of Section 2(6) of the Integrated Goods and Services Act, 2017, (hereinafter referred to as "the IGST Act"), and, therefore, a zero-rated supply under the CGST / WBGST Act 2017 (hereinafter referred to as "GST Act"). The Applicant submits that it is providing the above services to the foreign universities, for which it receives consideration in convertible foreign exchange. The service recipient is located outside India and is not an establishment of a distinct person in accordance with Explanation 1 to section 8 of the IGST Act. The place of supply of the services is outside India in terms of section 13(2) of the IGST Act. The supply of services by the applicant should, therefore, be treated as export of service within the meaning of section 2(6) of the IGST Act. Authority for Advance Ruling, New Delhi held that:— It is evident from the above discussion that the Applicant is facilitating recruitment/enrolment of students to foreign Universities. Promotional service is incidental and ancillary to the above principal supply and the Applicant is paid consideration in the form of Commission, based on performance in recruiting students, as a percentage of the tuition fee collected from the students enrolled through the Applicant. The Applicant, therefore, represents the University in the territory of India and acts as its recruitment agent. In fact, Clause 2.1 of the Background forming part of the Agreement clearly says, "The University engages the Education Agent to be its representative to perform the Services from the commencement date in the Territory and on the terms set out in this Agreement until the Expiry date." It is, therefore, clear that whatever services the applicant provisions are provided only as a representative of the University and not as an independent service provider. The services of the applicant are not "Export of Service" and are taxable under the GST Act. This ruling is valid subject to the provisions under Section 103(2) until and unless declared void under Section 104(1) of the GST Act.[2018] 50 TUD 194 (AAR-WB)