Benefit of Exemption - Import of flight simulators and avionics ...

Flight Simulators Import Exemption: Ground Testing Prototype Denied, Upgrade Prototypes Approved; Penalty Dismissed.

April 12, 2024

Case Laws     Customs     AT

Benefit of Exemption - Import of flight simulators and avionics for M/s. Hindustan Aeronautics Limited (HAL), Bangalore and others - The Tribunal concluded that the first prototype, used solely for ground testing and not fitting into the aircraft, did not qualify for the exemption. This prototype did not directly contribute to the aircraft's maintenance, repair, or servicing in an operational context. - In contrast, the Tribunal found the other two prototypes to be integral to the aircraft's upgrade, thus fitting within the broader interpretation of parts used for maintenance or repair. These prototypes were deemed to replace existing parts, aligning with the exemption's intent to facilitate aircraft upgradation and maintenance. - Given that the appellant had proactively paid the differential duty and interest before the show cause notice issuance, the Tribunal saw no ground to sustain the penalty, citing precedence that pre-emptive duty payment negates the imposition of penalties.

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