Adi Kavi Nannaya University vs. The Principal Commissioner Of Central Tax

WP/7867/2025HC Andhra PradeshGSTCNR APHC01009773202526 April 2026Bench: R RAGHUNANDAN RAO,T.C.D.SEKHAR20 pages
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Held

The Court held that the universities are separate entities, not part of the State Government or Local Authority. It ruled that collecting affiliation and NOC fees constitutes a statutory function, not a 'business' activity under Section 2(17) of the CGST Act, and therefore does not qualify as a 'supply of service' under Section 7, making it not exigible to GST.

Facts

Public Universities challenged GST demands on affiliation and No Objection Certificate (NOC) fees collected from affiliated colleges. They contended these fees were for statutory functions, not supply of services in the course of business, and thus not taxable under GST. The assessing officers rejected these contentions, leading to the writ petitions.

Key Issues

The key legal issues were whether the affiliation and NOC fees collected by public universities constitute a 'supply of service' in the 'course or furtherance of business' under Section 7 of the CGST Act, and if these universities qualify as 'State Government' or 'Local Authority' for GST purposes.

Sections Cited

Section 7(1), Section 7(2)(b), Section 2(17), Section 2(17)(i), Section 74, Notification No.12 of 2017

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Heard together (2 matters)

W.P.No.23535 of 2023
W.P.9123 of 2026

Read from the judgment's own cause title. This page is filed under one of them.

APHC010454232023

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3529] MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE R RAGHUNANDAN RAO THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR W.P.No.23535, 31934 of 2023, 7867 and 26414 of 2025 and W.P.9123 of 2026

WRIT PETITION NOs: 23535 of 2023 Between:

1.

JAWAHARLAL NEHRU TECHNOLOGICAL UNIVERSITY KAKINADA (JNTUK), REPRESENTED BY ITS REGISTRAR, PITHAPURAM ROAD, KAKINADA, EAST GODAVARI DISTRICT,

ANDHRA PRADESH-533 003

...PETITIONER AND 1. THE PRINCIAPL COMMISSIONER OF CENTRAL TAX, VISAKHAPATNAM CGST COMMISSIONERATE, GST BHAVAN, PORT AREA, VISAKHAPATNAM-530 035

2.

THE ADDITIONAL COMMISSIONER OF CENTRAL TAX, OFFICE OF THE PRINCIPAL COMMISSIONER- OF CENTRAL TAX, VISAKHAPATNAM CGST COMMISSIONERATE, GST BHAVAN, PORT AREA, VISAKHAPATNAM-530 035

3.

THE UNION OF INDIA, THROUGH ITS REVENUE SECRETARY, DEPARTMENT OF REVENUE, MINISTRY OF FINANCE, 128- A/NORTH BLOCK, NEW DELHI ...RESPONDENT(S): Petitio

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Reproduced from the public record of the Andhra Pradesh High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.