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    <title>CESTAT rules in favor of appellant in Customs Act case. Permit for passenger service can be used for charter services.</title>
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    <description>The case involved a dispute regarding the demand of differential duty u/s 28 of the Customs Act, 1962 for using a helicopter for NSOP (Charter) despite having a permit for NSOP (Passenger). The Tribunal held that the permit for NSOP (Passenger) can be used for charter services based on previous rulings. The definition of &#039;Private Aircraft&#039; was clarified, stating that if an aircraft is used for remuneration, it is considered a public transport aircraft. The appellant&#039;s use of the helicopter for commercial flights fell under the category of &#039;Private Aircraft&#039;. As the helicopter was used for non-scheduled (Passenger) services, there was no violation of the exemption notification. The impugned order was set aside, and the appeal was allowed.</description>
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    <pubDate>Wed, 05 Jun 2024 10:39:59 +0530</pubDate>
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      <title>CESTAT rules in favor of appellant in Customs Act case. Permit for passenger service can be used for charter services.</title>
      <link>https://www.taxtmi.com/highlights?id=78167</link>
      <description>The case involved a dispute regarding the demand of differential duty u/s 28 of the Customs Act, 1962 for using a helicopter for NSOP (Charter) despite having a permit for NSOP (Passenger). The Tribunal held that the permit for NSOP (Passenger) can be used for charter services based on previous rulings. The definition of &#039;Private Aircraft&#039; was clarified, stating that if an aircraft is used for remuneration, it is considered a public transport aircraft. The appellant&#039;s use of the helicopter for commercial flights fell under the category of &#039;Private Aircraft&#039;. As the helicopter was used for non-scheduled (Passenger) services, there was no violation of the exemption notification. The impugned order was set aside, and the appeal was allowed.</description>
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      <law>Customs</law>
      <pubDate>Wed, 05 Jun 2024 10:39:59 +0530</pubDate>
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