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ALVA'S EDUCATION FOUNDATION vs. STATE OF KARNATAKA & OTHERS
(Karnataka High Court)

Hon'ble Judges:

B M SHYAM PRASAD
Pet. Counsel
V. Raghuraman
Anil Kumar B.
Res. Counsel
Jyoti M Maradi

Petitioner / Applicant

ALVA'S EDUCATION FOUNDATION
Respondent STATE OF KARNATAKA & OTHERS
Court Karnataka High Court
State

Karnataka

Date Oct 5, 2023
Order No.

WRIT PETITION NO. 21311 OF 2023 (T-RES)

Citation

2023(10) TAXREPLY 8205
Original Order
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ORDER

ORDER The petitioner, which runs institutions imparting higher secondary education and education recognized as “qualification” in law, has called in question the third respondent’s order dated 17.06.2023 under the provisions of Sections 73, 50(1) and 122 of the Karnataka Goods and Service Tax Act/Central Goods and Service Tax Act, 2017 [for short, ‘KGST/CGST Act, 2017’] read with Rule 142(5) of the Karnataka Goods and Service Tax Rules, 2017 [for short, ‘KGST Rules’]. 2. Sri V. Raghuraman, the learned senior Counsel for the petitioner, submits that the petitioner’s grievance is with the third respondent’s reading of the expressions “educational institution” and “exempted service” for the purposes of the Notification dated 28.06.2017 in No. 12/2017 [for convenience, is referred to as “the Notification dated 28.06.2017”] and the conclusion that the fee collected by the petitioner from its....

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