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AAR held that the dry lease of a Bell 412 EP helicopter by the applicant to the lessee constitutes a taxable "transfer of right to use" goods, meeting the BSNL test: delivery of the aircraft with engines, avionics, manuals and records, provision of airworthy condition and licences, and effective control passing to the lessee. The supply is classifiable under HSN 9973 (leasing/rental services without operator) and falls within Sl. No. 17(iii) of Notification No. 11/2017-CT(R). As the helicopter is employed for commercial, non-personal use by a non-scheduled air transport operator, the transaction attracts GST at 5% as prescribed under the applicable notification.
AAR held that the dry lease of a Bell 412 EP helicopter by the applicant to the lessee constitutes a taxable "transfer of right to use" goods, meeting the BSNL test: delivery of the aircraft with engines, avionics, manuals and records, provision of airworthy condition and licences, and effective control passing to the lessee. The supply is classifiable under HSN 9973 (leasing/rental services without operator) and falls within Sl. No. 17(iii) of Notification No. 11/2017-CT(R). As the helicopter is employed for commercial, non-personal use by a non-scheduled air transport operator, the transaction attracts GST at 5% as prescribed under the applicable notification.
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