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    <title>2026 (1) TMI 324 - CESTAT NEW DELHI</title>
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    <description>The dominant issue was classification and taxability of services for air cargo transportation arranged by the appellant. For the pre-1.7.2012 period, the Tribunal held the appellant qualified as an &quot;aircraft operator&quot; under s.65(105)(zzn) read with the statutory definition, since ownership or operation of aircraft was unnecessary and the appellant provided air transport using airlines; the service was covered by the charging entry but was exempt under Not. 29/2005-ST, so the demand failed. For the post-1.7.2012 period, the Tribunal held the appellant provided principal transportation service (not intermediary service) under a consolidated contract; applying Rule 10 POPS, place of provision was outside India, hence not taxable in India, so the demand, interest, and penalties were set aside and the appeal allowed.</description>
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    <pubDate>Tue, 06 Jan 2026 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=784568</link>
      <description>The dominant issue was classification and taxability of services for air cargo transportation arranged by the appellant. For the pre-1.7.2012 period, the Tribunal held the appellant qualified as an &quot;aircraft operator&quot; under s.65(105)(zzn) read with the statutory definition, since ownership or operation of aircraft was unnecessary and the appellant provided air transport using airlines; the service was covered by the charging entry but was exempt under Not. 29/2005-ST, so the demand failed. For the post-1.7.2012 period, the Tribunal held the appellant provided principal transportation service (not intermediary service) under a consolidated contract; applying Rule 10 POPS, place of provision was outside India, hence not taxable in India, so the demand, interest, and penalties were set aside and the appeal allowed.</description>
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