AAR Must Reconsider GST Exemption for Flight Training in Light of New Circular.

By | November 3, 2025

AAR Must Reconsider GST Exemption for Flight Training in Light of New Circular.


Issue

Whether a DGCA-approved flight training organization is eligible for a GST exemption as an “educational institution” under Sl. No. 66(a) of Notification 12/2017-CTR, especially in light of a new Ministry of Finance circular clarifying the matter.


Facts

  • The petitioner, a training organization approved by the Director General of Civil Aviation (DGCA), provides ground and simulator training for commercial pilots.
  • It sought an advance ruling, claiming its services were exempt from GST under Sl. No. 66(a) of Notification 12/2017 as services provided by an educational institution.
  • Both the Authority for Advance Ruling (AAR) and the Appellate Authority for Advance Ruling (AAAR) denied the exemption, holding that the petitioner was not an educational institution.
  • The petitioner filed a writ petition in the High Court, bringing on record a new Ministry of Finance circular dated 11.10.2024.
  • This new circular explicitly clarified that DGCA-approved flight training services are covered under the exemption provided in Sl. No. 66(a), with retroactive effect from 28.06.2017.

Decision

  • The High Court set aside the adverse orders passed by the AAR and the AAAR.
  • Given the new, binding circular from the Ministry of Finance, the court held that a fresh adjudication was necessary.
  • The matter was remitted (sent back) to the AAR with a direction to reconsider the case and pass a new order in light of the circular’s clarification.

Key Takeaways

  • Departmental Circulars are Binding: Lower quasi-judicial authorities (like the AAR and AAAR) are bound by clarificatory circulars issued by the Ministry of Finance.
  • New Evidence/Clarification Warrants Re-adjudication: When a binding circular that is decisive to the matter is issued after the original orders were passed, the correct judicial approach is to remand the case for fresh consideration.
  • Retroactive Clarification: The circular’s retroactive effect from 2017 confirms that the exemption was available to such training institutes from the inception of GST, even though the AAR/AAAR had previously ruled against it.
  • Writ Jurisdiction: The High Court can exercise its writ jurisdiction to set aside AAR/AAAR rulings when they are contrary to a binding circular, which clarifies the law.
HIGH COURT OF ALLAHABAD
CAE Simulation Training (P.) Ltd.
v.
Commissioner of CGST Greater Noida
Rohit Ranjan Agarwal, J.
WRIT TAX No. – 1248 of 2023
OCTOBER  9, 2025
Category: GST

About CA Satbir Singh

Chartered Accountant having 12+ years of Experience in Taxation , Finance and GST related matters and can be reached at Email : Taxheal@gmail.com