Page 191 - GSTL_23rd April 2020_Vol 35_Part 4
P. 191

2020 ]                  IN RE : KULDEEP SINGH BUTOLA                 517
                                     (iii)  Transfer  of the right  Same rate of
                                     to use any goods for any  central tax as
                                     purpose (whether or not  on supply of
                                     for a specified  period) for  like   goods
                                     cash, deferred payment or  involving
                                     other valuable considera- transfer  of
                                     tion.                 title in goods
                                     (iv)  Any transfer of right  Same rate of
                                     in goods  or of undivided  central tax as
                                     share in goods without the  on supply of
                                     transfer of title thereof.   like   goods
                                                           involving
                                                           transfer  of
                                                           title in goods
                                     (v)  Leasing of aircrafts by   2.5  Provided  that
                                     an operator for operating          credit of input
                                     scheduled air transport            tax  charged
                                     service or scheduled air           on goods used
                                     cargo service by way of            in supplying
                                     transaction covered by             the service has
                                     clause (f) paragraph 5 of          not been taken
                                     Schedule II of the Central
                                     Goods and Services Act,
                                     2017.
                                     Explanation. -  (a)  “opera-
                                     tor” means a person, or-
                                     ganization or enterprise
                                     engaged in or offering to
                                     engage in aircraft opera-
                                     tions;
                                     (b) “scheduled     air
                                     transport service” means
                                     an air transport service
                                     undertaken between the
                                     same two or  more  places
                                     operated according to a
                                     published time table or
                                     with flights  so regular or
                                     frequent that  they consti-
                                     tute a recognisable  sys-
                                     tematic  series, each flight
                                     being open to use by
                                     members of the public;
                                     (c)  “scheduled  air cargo
                                     service” means air trans-
                                     portation of cargo or mail
                                     on a scheduled basis ac-
                                     cording to a published
                                     time table or  with flights
                                     so regular or frequent
                                     that    they     constitute    a
                                    GST LAW TIMES      23rd April 2020      311
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