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TMI Blog2006 (2) TMI 56X X X X Extracts X X X X X X X X Extracts X X X X ..... missionerate. As the issue lies within a narrow compass, we are taking up both the stay and appeal together for a decision. 2. Shri K. Balamurugan, IOC, represented the appellants and Shri Ganesh Havanur, the learned SDR for the Revenue. 3. The allegation is that the appellants cleared Aviation Turbine Fuel (ATF) valued at Rs. 3,07,60,171/- on payment of Rs. 61,188/- by mis-declaring the Domestic Flights as International Rights. They actually paid duty only at the rate of Rs. 24.94 per KL. In terms of Notification 46/94, dated 22-9-94 as amended. According to the Revenue, the actual Central Excise Duty payable at the rate 16% amounted to Rs. 50,41,424/-. Therefore, it was alleged that the appellants short paid an amount of Rs. 49,80,236 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion of the Revenue that the flight from Hyderabad to Mumbai carrying passengers bound for foreign countries who board bigger Aircrafts at Mumbai to reach their foreign destination cannot be treated as a Foreign Run. In other words, the concession available to stores supplied to foreign going air- crafts/vessels is not available. Therefore, the original authority held that the fuel supplied to domestic extension flights operating between Hyderabad and Mumbai are not entitled for concessional rate of duty. The reasoning given by the adjudicating authority is that these flights ply between two Indian Airports without a trip to a foreign airport on their voyage. They are also assigned different flight nos. and ferry passengers within the terr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of South India Corporation Agencies Ltd. v. CC Others - 1987 (30) E.L.T. 100 (Cal.), has held that when bigger vessels bringing goods from foreign ports are not able to enter the port due to its size and weightage, smaller vessels are utilized to transport cargo from mother vessel to the Port and these smaller vessels also are treatable as foreign going vessels. The Apex Court, in the case of Trustees of the Port of Madras (Cited supra) has held that daughter vessels used for onward carriage of goods from the foreign ship to the Port are entitled for imported stores supplied out of bonded stock, free of duty. The Collector of Central Excise (Appeals) in the order cited supra has held that the flight between Hyderabad and Mumbai qualifi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not make such an aircraft ineligible for duty free supplier fuel. 8. After going through the facts of the case and the various decisions/circular cited by the appellant, we find that the concessional rate of duty cannot be denied merely on the ground of change of IGM or Flight No. The flight from Hyderabad to Mumbai carries both domestic and foreign bound passengers. From Mumbai, the aircraft will be bound for its destination abroad. In that case, the aircraft is for the time being engaged in the carriage of goods or passengers between an Airport in India and an Airport outside India touching an intermediate port or airport in India. In other words, the flight, which is the subjects matter of this appeal, satisfies the definition of Forei ..... X X X X Extracts X X X X X X X X Extracts X X X X
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