Strong Health Medical Centre, a clinical establishment, offers the following services: (i) Reiki healing treatments. (ii) Plastic surgeries. One…

CA Intermediate · Taxation · MTP · September 2025
Strong Health Medical Centre, a clinical establishment, offers the following services: (i) Reiki healing treatments. (ii) Plastic surgeries. One such surgery was conducted to repair cleft lip of a new born baby. (iii) Air ambulance services to transport critically ill patients from distant locations to the Medical Centre. (iv) Palliative care for terminally ill patients. On request, such care is also provided to patients at their homes. (Palliative care is given to improve the quality of life of patients who have a serious or life-threatening disease but the goal of such care is not to cure the disease). (v) Alternative medical treatments by way of yoga. Strong Health Medical Centre also operates a cord blood bank which provides services in relation to preservation of stem cells. Strong Health Medical Centre is of the view that since it is a clinical establishment, all the health care services provided by it as well as all the taxable services provided to it are exempt from GST. You are required to examine the situation in the light of relevant statutory provisions.

Suggested Answer and Working Notes:

(i) Not Exempt. Since reiki healing is not a recognized system of medicine, it would not be exempt and thus, GST would be payable thereon. (ii) Exempt. Health care service does not include, inter alia, cosmetic or plastic surgery, except when undertaken to restore or to reconstruct anatomy or functions of body affected due to congenital defects, developmental abnormalities, injury or trauma. Therefore, plastic surgeries will not be entitled to the said exemption and thus, GST would be payable thereon. However, plastic surgery conducted to repair a cleft lip will be eligible for exemption as it reconstructs anatomy or functions of body affected due to congenital defects (cleft lip). (iii) Exempt. Health care service includes services by way of transportation of the patient to and from a clinical establishment. Thus, air ambulance service to transport critically ill patients to Good Health Medical Centre would be eligible for exemption under the said notification. (iv) Exempt. Health care service means any service by way of diagnosis or treatment or care for illness, injury, deformity, abnormality or pregnancy in any recognized system of medicines in India. It is immaterial whether such service is provided at the clinical establishment or at the home of the patient or at any other place. Thus, palliative care for terminally ill patients is exempt. (v) Exempt. Since Yoga is a recognized system of medicine, the same would be eligible for exemption under the said notification.

Topics: Paper 3A: Income Tax Laws, Paper 3B: Goods and Services Tax

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