9911796707
TMI Blog2013 (9) TMI 667X X X X Extracts X X X X X X X X Extracts X X X X ..... dule annexed to Indian Aircraft Rules, which are prescribed under the provisions of Indian Aircraft Act - sub-rule 2 in the said schedule which talks about flying experience and more specifically to clause (a) - the evidence which was required for granting of Commercial Pilot License by DGCA, was a certificate to be given by an appropriate authority specified in sub-rule 4 of Rule 67A - the appellant was granted license by the DGCA under the specific Rule for training and issuing such certificate - the said licenses were being validated time to time and one of the most important clauses was that the flying experience certified by the appellant would be considered had been acquired by the pupil pilot for issue of Commercial Pilot License in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r flying Aircrafts and issues certificate. It is his submission that this certificate is recognised by the DGCA for allowing the candidate/ student to appear for the examination of Commercial Pilot License. He would than draw our attention to the schedule 2, Section-A, of the schedule annexed to Indian Aircraft Rules, which are prescribed under the provisions of Indian Aircraft Act. He would draw our attention specifically to sub-rule 2 in the said schedule which talks about flying experience and more specifically to clause (a). It is his submission that the evidence which is required for granting of Commercial Pilot License by DGCA, is a certificate to be given by an appropriate authority specified in sub-rule 4 of Rule 67A. It is his subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ered as recognised under the law. It is his submission that the decision of the Bombay Bench in the case of Bombay Flying Club very clearly lays down the law after considering the provisions of Aircraft Rules and the Service Tax Act. It is his submission that the said decision is only in respect of the stay order but there was a pre-deposit ordered by the Bench. He would also rely upon the decision of the coordinate Bench of the tribunal in the case of ICFAI in final order No. A/514-520/2012 dated 31.07.2012 to drive home the point that the certificate which is referred to is recognised in law, has been clarified by the Bench, inasmuch as that if there is no legal sanction to issue such certificate, it cannot be considered as authorised to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sist of the production of a personal log book certified by the appropriate authority specified in Sub-Rule (4) of Rule 67A, or of a certified extract therefrom in the form which may be prescribed by the Director General. Such flying experience shall be to the satisfaction of the Director General It can be seen from the above reproduced rule that flying experience is counted as being certified only by an appropriate authority as specified under rule 67A (4) of the Indian Aircraft Rules. It is not in dispute that the appellant herein is authorised as an appropriate authority under rule 67A of the Indian Aircraft Rules. 7. If the appellant is an appropriate authority under the Civil Aviation Rules and as described in Indian Aircraft Acts a ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
