SC dismisses plea searching for GST exemption for Haj through personal tour operators





The Supreme Court docket on Tuesday has dismissed a batch of petitions filed by varied personal tour operators searching for exemption from the products and providers tax (GST) for Haj and Umrah providers supplied to pilgrims.


The judgement was pronounced by a Bench of Justices AM Khanwilkar, AS Oka and CT Ravikumar on 17 petitions filed by varied tour operators and State Haj organisers difficult differential GST levied which will get handed on to Haj pilgrims.


The tour operators had challenged the levy of GST on Haj pilgrims who avail providers supplied by registered personal tour operators on the bottom that no tax regulation might be relevant on extraterritorial actions as per Article 245 of the Structure.


They’d additionally argued that the levy is discriminatory because it exempts sure pilgrims who undertake the journey by means of the Haj Committee of India. A GST levy of 5 per cent (with enter tax credit score) is relevant on air journey by pilgrims who utilise the providers of non-scheduled/constitution operations for non secular pilgrimage facilitated by the Centre underneath bilateral preparations.


Nonetheless, if the providers of a specified organisation in respect of a non secular pilgrimage is facilitated by the exterior affairs ministry underneath bilateral association, the speed can be nil.


The petitioners had argued that the journey and the privileges are additionally a part of the non secular ceremony and can’t be separated from the pilgrimage, and is thus eligible for exemption.


In addition to, it was contended that these facilities are offered in Saudi Arabia and outdoors the tax regime in India.


Sandeep Sehgal, partner-tax at AKM World mentioned,”The Supreme Court docket has rejected the bottom of discrimination because the exemption is already accessible for excursions for Haj Pilgrimage, if carried out by means of permitted channels. Therefore, different personal operators working such excursions shall be required to cost GST on their providers.”

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The Supreme Court docket on Tuesday has dismissed a batch of petitions filed by varied personal tour operators searching for exemption from the products and providers tax (GST) for Haj and Umrah providers supplied to pilgrims. The judgement was pronounced by a Bench of Justices AM Khanwilkar, AS Oka…