Sanskar Nursing Home, a clinical establishment, offers the following services: (i) Rooms provided to the in-patients where the room charges per day…
CA Final · Indirect Tax Laws · MTP · September 2025
Sanskar Nursing Home, a clinical establishment, offers the following services: (i) Rooms provided to the in-patients where the room charges per day are - 6,500. (ii) Plastic surgery conducted to repair cleft lip of a new born baby. (iii) Air ambulance services to transport critically ill patients from distant locations to Sanskar Nursing Home. (iv) Supply of food to the in-patients as per the advice of the doctor/nutritionist from its restaurant – Annapurna Bhawan - located in the basement of Sanskar Nursing Home. The food is prepared by its employees and nothing is outsourced to any third-party vendors. (v) Homeopathic medical treatment. Sanskar Nursing Home also operates a cord blood bank which provides services in relation to preservation of stem cells. Determine whether GST is payable in respect of each of the above services provided by Sanskar Nursing Home.
Suggested Answer and Working Notes:
Health care services provided by a clinical establishment, an authorised medical practitioner or para-medics are exempt from GST vide Notification No. 12/2017 CT (R) dated 28.06.2017. In light of the same, the eligibility to exemption in respect of each service offered by Sanskar Nursing Home is examined below: (i) Not Exempt . Exemption available to health care services provided by a clinical establishment shall not apply to the services provided by a clinical establishment by way of providing room [other than Intensive Care Unit (ICU)/Critical Care Unit (CCU)/Intensive Cardiac Care Unit (ICCU)/Neo natal Intensive Care Unit (NICU)] having room charges exceeding 5000per day to a person receiving health care services. (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, but the 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 Sanskar Nursing Home would be eligible for exemption under the said notification. (iv) Exempt . Circular No. 32/06/2018 GST dated 12.02.2018 has clarified that food supplied by the hospital canteen to the in-patients as advised by the doctor/nutritionists is a part of composite supply of health care services and is not separately taxable. Thus, it is exempt from GST. (v) Exempt . Since Homeopathy is a recognized system of medicine in terms of section 2(h) of Clinical Establishments Act, 2010, the same would be eligible for exemption under the said notification. Further, exemption available to services provided by cord blood banks by way of preservation of stem cells or any other service in relation to such preservation has been withdrawn and thus, said services are no longer exempt from GST. Therefore, services provided in relation to preservation of stem cells by the cord blood bank operated by Sanskar Nursing Home will be liable to GST.
Topics: Exemptions from GST
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