SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2025 Supreme(Kar) 2522

IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
M.NAGAPRASANNA, J.
M/s Rani Channamma University, Represented By Ms. Rajashree Jainapur, D/o. Sri. Husanappa Jainapur – Petitioner
Versus
Commercial Tax Officer, (Enforcement) North Zone Belagavi Falls Road, Gokak, Belgaum – Respondent
Writ Petition No. 100780 of 2024 (T-RES)
Decided On : 24-11-2025

Advocates Appeared:
For the Petitioner:Sri. Raghuvendra C.R., Sri. Bhanumurthy J.S., & Sri. Shashank Hegde, Advocates
For the Respondent:Sri. Gangadhar J.M., AAG A/W Sri. T. Hanumareddy, AGA, Sri. Shivaraj Balloli, Advocate

Educational institutions' activities are statutory and not commercial, thus exempt from GST under relevant provisions.

Headnote:(A) Central Goods and Services Tax Act, 2017 - Sections 7, 9, and Notifications No. 12/2017-CT dated 28.06.2017 - Validity of tax on fees collected by educational institutions - Court clarified that activities of Universities are statutory/regulatory and not commercial, hence not liable to GST - Exemption under Notification No. 12/2017 covers activities related to education, including affiliation fees - Appeals allowed, impugned notices and circulars quashed as they unjustly demanded tax on statutory functions. (Paras 1, 12.1, 16.2, 18).

(B) Legal principles - The term 'business’ under CGST Act excludes education-related activities as these do not meet essential characteristics of commercial transactions. (Paras 12.4, 14.2).

(C) The concept of 'consideration' for GST purposes does not apply to statutory fees charged for educational functions, reinforcing exemption status. (Paras 14.1, 14.2).

Facts of the case:
Petitioners, various Universities, challenged notices and circulars demanding GST on fees collected for affiliation and other educational services, asserting their activities are non-commercial and statutory.

Findings of Court:
Court affirmed the non-commercial nature of educational activities and the improper imposition of GST based on erroneously interpreted regulations.

Issues: The court considered if the Universities' activities qualified as 'business' under GST, the requirement of 'consideration' for fees, the statutory nature of functions performed, and the validity of challenged circulars.

Ratio Decidendi: The Universities’ primary function of education cannot be classified as business under GST laws; thus, imposed fees do not constitute consideration liable for tax.

Result: Writ petitions granted, impugned notices and orders quashed, confirming exemption from GST on educational activities.

Table of Content
1. petitioner's claims for writs. (Para 1 , 2)
2. court's analysis of issues related to gst and university fees. (Para 3)

ORDER :

M.NAGAPRASANNA, J.

The petitioner is before this Court seeking the following prayers:

“(A) Issue a writ of certiorari or any other writ or direction or order to quash the impugned order dated 30.12.2023 passed by then Respondent No.1, enclosed as Annexure A for the reasons stated in the grounds.

(B) Issue a writ of certiorari or any other writ or direction or order to quash the impugned show cause notice bearing number no. CTO(ENF)GKK/2023-24/B-228 for the period 2018- 19 issued by the Respondent No. 1 enclosed as Annexure B.

(C) Issue a writ of certiorari or any other writ or direction or order to declare Notification No. 13/2022-CT dated 5.07.2022, issued by Respondent No. 2, enclosed as Annexure C, as ultra-vires Section 168A of CGST Act, 2017 for the reasons stated in the grounds.

(D) Issue a writ of certiorari or any other writ or direction or order to declare Notification No. 9/2023-CT dated 31 March 2023, issued by Respondent No. 2, enclosed as Annexure C1, as ultra-vires Section 168A of CGST Act, 2017 for the reasons stated in the grounds.

(E) Issue a writ of certiorari or any other writ or direction or order to declare Notification No. 08/2022 dated 12.07.2022, issued by Respondent No. 3, enclosed as Annexure D, as ultra-vires Section 168A of KGST Act, 2017 for the reasons stated in the grounds.

(F) Issue a writ of certiorari or any other writ or direction or order to declare Notification No. 06/2023 dated 06.04.2023, issued by Respondent No. 3, enclosed as Annexure D1, as ultra-vires Section 168A of KGST Act, 2017 for the reasons stated in the grounds.

(G) Issue a writ or direction in the nature of a writ of certiorari or any other writ or direction to quash Impugned show cause notice bearing no. Show Cause dated Notice No. ACCT9ENF)/GKK/DC0123- 24/323 12.03.2024 issued by Respondent No.4, enclosed as Annexure S, for the reasons stated in the grounds.

(H) Issue a writ of certiorari or any other writ or direction or order to quash clarifications issued vide paragraph 4 (iii) of the CBIC circular No. 151/07/2021-GST dated 17.06.2021 issued by the 6th Respondent enclosed/as Annexure T, for the reasons stated in the grounds.

(I) Issue a writ of certiorari or any other writ or direction or Order to quash the Order No. impugned CTO/ENF/GKK/730Order/2024-25/8 dated 29.04.2024 passed by Respondent No. 1, enclosed as Annexure U.

(J) Issue a writ of certiorari or any other writ or direction or order to quash the impugned order bearing RFN: MA2908242 14563Q-461 along with summary orders issued under FORM GST DRC-07 bearing reference No. ZD290824094274W, ZD290824094299K and ZD290824094315Y dated on 27.08.2024 for the financial year 2019-20, 2020-21, 2021-22 passed by Respondent No. 5, enclosed as Annexure V.

(K) That this Hon'ble Court be pleased to issue a Writ of Mandamus or Certiorari, or Writ in the nature of Mandamus or Certiorari, or any other Writ or Order or Direction calling for the records of the Circular 234/28/2024-GST dated 11/10/2024, issued by the Respondent No. 6 enclosed as Annexure W and quash the clarifications relating to affiliation fee more particularly paragraph-2, along with consequential relief and pass any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case and in the interest of justice and equity.

(L) That this Hon'ble Court be pleased to issue a Writ of Mandamus or Certiorari, or Writ in the nature of Mandamus or Certiorari, or any other Writ or Order or Direction calling for the records of the Press note dated 09/09/2024 enclosed as Annexure X and quash the recommendation relating to the affiliation fees more particularly para 6(il) of the Press note along with consequential relief and pass any other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of t

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top