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26th May, 1992
Notification
No. 2/94 - Inland Air Travel Tax
In exercise of the powers conferred by section 48 of the Finance Act, 1989 (13
of 1989), the Central Government hereby makes the following rules further to
amend the Inland Air Travel Tax Rules, 1989, namely:-
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1. |
(1) |
These rules may be called the Inland Air Travel Tax
(Amendment) Rules, 1994. |
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(2) |
They shall come into
force on the 1st day of September, 1994. |
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2. |
Rule 3
of Inland Air Travel Tax Rules, 1989 ( hereinafter referred to as the said
rules), shall be renumbered as sub-rule (1)
thereof, and after sub-rule (1) as so renumbered, the following sub-rule
shall be inserted, namely:-
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“ (2). The amount of
tax collected under sub-rule(1) shall be indicated separately by the
carrier on the ticket issued to a passenger or his agent for embarking on
inland journey.”. |
| 3. |
In rule 5 of the said rules,-
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(i) |
in sub-rule (2), for the words “ amount specified in the
notice”, the words “ amount of tax specified in the notice and the interest, if
any, payable thereon” shall be substituted; |
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(ii) |
in sub-rule (3), for the words “ the amount so
determined”, the words “ the amount of tax so determined and the interest, if
any, payable thereon” shall be substituted. |
| 4. |
In rule 6 of the said rules,-
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(i) |
for the words “ sixty days” , the words “ thirty days” shall
be substituted; |
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(ii) |
the proviso shall be omitted.
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5. |
For rule 7 of the said rules, the following rules shall be
substituted, namely:-
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“ 7. Return
regarding tax collected, etc.– Every carrier required under rule 6 to pay the
tax into the treasury shall file, in respect of every month before the expiry of
thirty days from the end of that month, before the Collector of Customs, a
return in the Form annexed to these rules, showing the amount of tax collected,
amount refunded and the amount paid into the treasury: |
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Provided that the Collector of
Customs may, having regard to the number of flights operated by a carrier
may exempt such carrier from filing Part-B of the said Form. |
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7A. Filing of Passengers’ manifest.- The Collector of Customs may require a carrier authorised under
sub-section (2) of section 42 of the Act to file a copy of the passengers’
manifest in such form, in such manner and before such officer, as may be
specified by him, in respect of each flights carrying passengers on an inland
journey.”. |
| 6. |
In rule 8 of the said rules,
after the words “ or other document was prepared”, the following words shall
be inserted, namely:- |
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“ and such challlan, voucher, return or other document shall
be produced before an officer of customs as and when required to do so.”
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| 7. |
After rule 8 of the said rules,
the following rule shall be inserted, namely:- |
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“ 8A. Penalty for failure to comply with the provisions of the rules:- |
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(1) |
Any carrier who fails to indicate the amount of tax collected
on the ticket issued to a passenger or his agent shall be liable to a penalty of
rupees five hundred for each such ticket where the amount of tax has not been
indicated. |
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(2) |
Any carrier who fails to file a return showing the amount of
the tax collected, amount refunded and the amount paid in the treasury in the
manner as specified under rule 7 shall be liable to a penalty which shall not be
less than rupees two thousand but which may extend to rupees twenty thousands
and to a further penalty not exceeding rupees five hundred for each day after
the date when the return was due to be filed in accordance with the provisions
of the said rule. |
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(3) |
Any carrier who fails to file
a copy of the passenger’s manifest in the manner required under rule 7A
shall be liable to a penalty which shall not be less than rupees two
thousand but which may extend to rupees twenty thousand and to a further
penalty not exceeding rupees five hundred for each day after the date when
manifest was due to be filed in accordance with the provisions of the said
rule.” |
| 8. |
After rule 11 of the said rules, the following
rule shall be inserted, namely:- |
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“ 11A.
Deposit, pending appeal of tax and interest demanded or penalty levied.- Where
any appeal under rule 11 relates to any tax and the interest, if any, payable
thereon, or any penalty levied under the Act or these rules, the person desirous
of appealing against such decision or order shall, pending the appeal, deposit
with the Assistant Collector of customs, the tax demanded and the interest, if
any, payable thereon, or the penalty levied: |
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Provided that where in
any case the Collector ( Appeals) is of the opinion that the deposit of
tax demanded and the interest, if any, payable thereon, or the penalty
levied would cause an undue hardship to such person, the Collector
(Appeals) may dispense with such deposit subject to such conditions as he
may deem fit to impose so as to safeguard the interests of revenue.”. |
| 9. |
For rule
14 of the said rules, the following rule shall be substituted, namely:-
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“14. Recovery of sums due to Government.- |
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(1) |
Where any tax interest or
penalty is not paid by a carrier, the Assistant Collector of Customs may,
after the tax, interest or penalty has been determined under the rules,
proceed to recover the amount of said tax, interest or penalty by one or
more of the modes specified in sub –rule ( 2), sub-rule (3) or
sub-rule (4) . |
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(2) |
The Assistant Collector of Customs may require any person, from whom any
amount is due to the carrier, to deduct the tax, interest or penalties so
determined from the said amount and such person shall comply with the
requisition by the Assistant Collector of customs and shall pay the amount
so deductive to the credit of the Central Government: |
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Provided that nothing in this
sub-rule shall apply to any part of the amount exempt from attachment in
execution of a decree of a civil court under section 60 of Code of
Civil Procedure, 1908 (5 of 1908). |
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(3) |
The Assistant Collector of Customs may prepare a certificate signed by him
specifying the amount due and send ed to the Collector of the District in
which the carrier owns property or resides or carries on business and the
said Collector, on receipt of such certificate, shall proceed to recover
from the said carrier or other person, the amount is specified hereunder
as if it were an arrear of land revenue.
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(4) |
On a specific authorization
being granted by the Collector of Customs, the Assistant Collector of
Customs may distrain or arrest any aircraft and any other
property belonging to , or under the control of , the carrier and detain the
same until the tax, interest or penalty so determined is paid; and in case any
part of the tax, interest or penalty or of the cost of the distress or arrest
or of the keeping of the aircraft or other property distrained or arrested,
remains unpaid for the space of thirty days next after any such distress or
arrest, may cause the said aircraft or other property to be sold and with the
proceeds of such sale may satisfy the tax, interest or penalty and the costs
including the cost of sale remaining unpaid, and shall render the surplus, if
any, to the carrier. |
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10. |
For the Form annexed to the said rules, the
following Form shall be substituted, namely:- |
“ FORM
( see rule 7)
STATEMENT SHOWING THE INLAND AIR TRAVEL TAX
COLLECTED AND PAID DURING THE MONTH OF _________________.
PART- A
(1) Name and address of the carrier:
(2) Month:
(3) Gross Amount of Fare collected
(including tax):
(4) Amount refunded during the month:
(5) Tax payable:
(6) Amount of tax paid into the treasury:
(7) Challan No. and date under which tax
paid:
Part-B
( This Statement is to
be given sector-wise separately for each of the flights operated by such carrier
during the month)
(1) Name and address of the carrier:
(2) Month
(3) Flight No.
(4) Sector:
(5) Total number of passengers undertaking
the journey in the sector during the month:-
(i) Tax paying
(ii) Exempted category
(6) Net amount of fare collected from the
passengers undertaking the journey in the sector during the month:-
(i) From tax paying passengers
(ii) From exempted category
(7) Amount of tax payable:
Note: (i) Part-B of
the Statement is to be given for each sector separately containing information
of all the flights operated on that sector during the month.
(ii) Net amount of fare referred to in Col. 6
excludes the amount of fare collected but subsequently refunded.
[F. No. 311/4/92-FTT]
Under Secretary to the Government of
India
Note: Inland Air Travel Tax Rules, 1989, were introduced vide notification No.
4/89-IATT, ( GSR No. 646 (E), dated the 27th June, 1989, and was
amended by notification No. 9/89-IATT, dated the 6th October, 1989
and notification No. 21/91-IATT ( G.S.R No. 496 (E), dated the 25th
July, 1991 before the present amendment.
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