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The Central Board of Indirect Taxes and Customs clarifies that catering services provided to educational institutions, including Anganwadis and schools, are exempt from the levy of Goods and Services Tax. This exemption applies regardless of whether the food supply is funded through government grants or corporate donations. The clarification follows recommendations from the GST Council during its forty-third meeting. The exemption covers any serving of food to schools and pre-schools under the Mid-Day Meals Scheme or other similar programs. Field formations must apply this clarification to secure correct tax treatment across all eligible jurisdictions.
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Circular No. 149/05/2021-GST
CBIC-190354/36/2021-TRU Section-CBEC Government of India Ministry of Finance Department of Revenue
North Block, New Delhi, Dated the 17th June, 2021
To,
The Principal Chief Commissioners/ Chief Commissioners/ Principal Commissioners/ Commissioner of Central Tax (All) / The Principal Director Generals/ Director Generals (All)
Madam/Sir,
Sub– Clarification regarding applicability of GST on supply of food in Anganwadis and Schools -reg.
Representations have been received seeking clarification regarding applicability of GST on the issues as to whether serving of food in schools under Mid-Day Meals Scheme would be exempt if such supplies are funded by government grants and/or corporate donations. The issue was examined by GST Council in its $43^{\text{rd}}$ meeting held on $28^{\text{th}}$ May, 2021.
Entry 66 clause (b)(ii) of notification No. 12/2017-Central Tax (Rate) dated $28^{\text{th}}$ June, 2017, exempts Services provided to an educational institution, by way of catering, including any mid-day meals scheme sponsored by the Central Government, State Government or Union territory. This entry applies to pre-school and schools.
Accordingly, as per said entry 66, any catering service provided to an educational institution is exempt from GST. The entry further mention that such exempt service includes mid- day meal service as specified in the entry. The scope of this entry is thus wide enough to cover any serving of any food to a school, including pre-school. Further, an Anganwadi interalia provides pre-school non-formal education. Hence, aganwadi is covered by the definition of educational institution (as pre-school)
Accordingly, as per recommendation of the GST Council, it is clarified that services provided to an educational institution by way of serving of food ( catering including mid- day meals) is exempt from levy of GST irrespective of its funding from government grants or corporate donations [under said entry 66 (b)(ii)]. Educational institutions as defined in the notification include aganwadi. Hence, serving of food to anganwadi shall also be covered by said exemption, whether sponsored by government or through donation from corporates.
Difficulty if any, in the implementation of this circular may be brought to the notice of the Board.
Yours faithfully,
(Rajeev Ranjan) Under Secretary, TRU Email: rajeev.ranjan-as@gov.in Tel: 011 2309 5558
