2006 (2) TMI 540 - AT - Central Excise

Summary

Issues:
Allegation of mis-declaration in clearing Aviation Turbine Fuel (ATF) as International Flights, duty payment discrepancy, applicability of concessional rate of duty for fuel supplied to domestic extension flights.

Analysis:
The appellants filed a stay petition and appeal against an order alleging mis-declaration in clearing ATF as International Flights, leading to a duty payment discrepancy. The Revenue claimed duty short payment and imposed penalties. The appellants argued citing precedents and Circulars supporting their case. The Revenue contended that domestic extension flights do not qualify for concessional duty rates. The definition of "foreign going aircraft" and relevant Customs Act sections were central to the dispute.

The Tribunal carefully examined the case records and arguments. It was noted that the flights in question carried both domestic and foreign-bound passengers, with the final destination being abroad. The Tribunal found that the flights satisfied the definition of a foreign going aircraft, making them eligible for the concessional rate of duty for fuel supply. Precedents, Circulars, and past decisions were considered, including a previous Final Order favoring the appellants. Consequently, the appeal was allowed, granting relief to the appellants.

In conclusion, the Tribunal's decision hinged on the interpretation of the definition of a foreign going aircraft and the eligibility for concessional duty rates for fuel supplied to flights with both domestic and foreign passengers. The analysis of past decisions and Circulars played a crucial role in determining the outcome of the case. The appellants' arguments, supported by legal precedents, ultimately led to the Tribunal allowing the appeal and providing consequential relief.