Examine whether GST is exempted in the following independent cases of supply of services: (i) Griffen Facilities provided civil maintenance services…

CA Intermediate · Taxation · MTP · September 2026
Examine whether GST is exempted in the following independent cases of supply of services: (i) Griffen Facilities provided civil maintenance services for the upkeep of the Municipal Corporation of Delhi (MCD) head office building. Value of supply of goods constitutes 20% while providing such maintenance services. (ii) M/s Balbeer Associates, a firm of advocates, provides legal services to the State Government for representation in the High Court. (iii) Angela Mall, Noida provides services by way of vehicle parking to general public in the basement of mall. (iv) Service provided by a private transport operator to Greenwell Boys Higher Secondary School by way of transportation of students to and from the school.

Suggested Answer and Working Notes:

(i) If the composite supply of goods and services provided to local authority, in which the value of supply of goods constitutes not more than 25% of the value of the said composite supply, by way of any activity in relation to any function entrusted to a Municipality under article 243W of the Constitution, then it would be exempt under GST. Further, it has been clarified vide a Circular that civil maintenance services received for the upkeep of the MCD office are not in relation to any function entrusted under Article 243W of the Constitution and thus not covered under the exemption. Therefore, such civil maintenance services are not exempt and hence taxable. (ii) Services provided by a partnership firm of advocates to the Central Government, State Government, Union territory, local authority, Governmental Authority or Government Entity are exempted from GST. Thus, legal services provided by Balbeer Associates, a firm of advocates, to the State Government for representation before the High Court are exempted from GST. (iii) Services provided by way of vehicle parking to general public are not specifically exempted from GST. Therefore, GST is payable on the same. (iv) Services by way of transportation of students provided to an educational institution which is engaged in providing services by way of pre-school education and education up to higher secondary school or equivalent are exempted from GST. Therefore, in the given case, the services provided by private transport operator are exempt.

Topics: Paper 3B: Goods and Services Tax

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