Deciding two connected writ petitions arising from a common Industrial Tribunal Award, the Delhi High Court set aside the Tribunal's direction granting hotel workmen a further…
Service Tax Exemption not allowable in absence of Certificate of Skill Development Training Service provided: CESTAT
Bangalore CESTAT denied service tax exemption for skill development programs lacking NSDC certification, upholding ₹2.7 crore demands against a training provider. The tribunal ruled that Notification 25/2012's exemption requires strict compliance with all conditions, including mandatory certification from NSDC or State Skill Missions. The appellant had conducted courses for 5,000+ trainees but couldn't produce approval certificates during assessment. The order establishes that substantive compliance is insufficient - procedural requirements like certification and monthly reporting are equally vital for exemptions. This impacts thousands of training providers under government skill schemes like PMKVY. The judgment clarifies that retrospective certification won't validate past exemptions, forcing providers to maintain contemporaneous documentation. While the department welcomes this strict interpretation, skill development stakeholders argue it penalizes genuine training hampered by bureaucratic delays. CESTAT suggested NSDC streamline its approval processes but refused to relax statutory conditions. Training providers must now implement robust documentation systems tracking batch-wise approvals, attendance and placement records.