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Recruitment agent facilitating the recruitment or enrolment of students to Foreign Universities is not ‘Export of Services’ under the GST Act, and eligible to tax.

Shanti Prime Publication Pvt. Ltd.

Export of service—the Appellant has filed the instant appeal against the findings of the West Bengal Authority for Advance Ruling that the Appellant is an “intermediary” of the Foreign Universities.
Held that—Appellant’s submission is that the Advance Ruling Authority wrongly considered them as recruitment agent facilitating the recruitment or enrolment of students to Foreign Universities, which is not tenable - The Appellant cannot have the liberty to pick and choose only some portions of the Agreement by saying that such and such clause is not being undertaken by it. The Agreement has to be considered in its entirety.  
The Appellant in the instant case was free to refer students to Australian Catholic University (ACU) or any other University of its choice. Further, the fee paid to the Appellant was not tied to the promotional activities or expenses incurred to promote Courses of ACU but as a percentage of fee paid by the students who got admitted to ACU - no consideration was paid in spite of incurring expenses by the Appellant for promoting activities of ACU, if no student joined ACU - The Appellant promotes the courses of the University, finds suitable prospective students to undertake the courses, and, in accordance with University procedures and requirements, recruits and assists in the recruitment of suitable students, and hence, the Appellant is to be considered as an intermediary in terms of Section 2(13) of the IGST Act.
We are in conformity with the West Bengal Authority for Advance Ruling, that the services of the Appellant are not ‘Export of Services’ under the GST Act, and are eligible to tax. [2018] 2 TAXLOK.COM 326 (AAAR-WB)