Blog on Circular No. 85/04/2019-GST: GST on Food and Beverages in Educational Institutions
<h4><strong>Introduction</strong></h4><p>The <strong>Central Board of Indirect Taxes and Customs (CBIC)</strong> issued <strong>Circular No. 85/04/2019-GST</strong> on <strong>January 1, 2019</strong>, to clarify the <strong>applicability of GST on food and beverage services provided by educational institutions</strong>. The circular resolves confusion regarding whether food supplied in school/college cafeterias is <strong>exempt under Notification No. 12/2017-Central Tax (Rate)</strong> or <strong>taxable at 5% under Notification No. 11/2017-Central Tax (Rate)</strong>.</p><hr><h3><strong>Key Highlights of the Circular</strong></h3><h4><strong>1. GST Exemption for Food Supplied by Educational Institutions</strong></h4><ul><li><strong>Notification No. 12/2017-Central Tax (Rate), Sl. No. 66(a), exempts all services provided by an educational institution to its students, faculty, and staff.</strong></li><li>This includes <strong>food and beverages served in canteens or mess facilities</strong> that are directly managed by the <strong>educational institution itself</strong>.</li><li><strong>GST Rate: 0% (Exempted)</strong> for food supplied by the institution.</li></ul><h4><strong>2. GST Applicability for Food Supplied by External Vendors</strong></h4><ul><li>If <strong>food and beverages are supplied by an outside contractor</strong> (not by the institution itself), the service is subject to <strong>5% GST (CGST 2.5% + SGST 2.5%)</strong>.</li><li><strong>GST Rate: 5%</strong> for food provided through <strong>third-party catering contracts</strong> within schools and colleges.</li></ul><h4><strong>3. Amendment to Avoid Confusion</strong></h4><ul><li>To remove <strong>ambiguity</strong>, the CBIC <strong>amended Explanation 1 of Entry 7(i) of Notification No. 11/2017-Central Tax (Rate) to omit the words “school, college”</strong>.</li><li>Additionally, <strong>heading 9963</strong> (relating to services provided by educational institutions) <strong>was added to Sl. No. 66 of Notification No. 12/2017</strong> to reinforce that <strong>food provided by the institution itself is exempt</strong>.<a href="https://cms.plasament.com/storage/nisha/circular-cgst-85.pdf">circular-cgst-85</a><br> </li></ul>