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2009 (11) TMI 703 - CESTAT NEW DELHIWaiver of pre-deposit - N/N. 21/2002-Cus., dated 1-3-2002 as amended by N/N. 20/2007 and N/N. 61/2007, dated 3-5-2007 - revenue was of the view that the aircraft was not used exclusively for providing non-scheduled passenger air transport services and therefore there was violation of conditions of N/N. 61/2007 - Held that: - permit has been issued only for passenger services. Prima facie, there is a different permit for charter services and, therefore, the permit given to the applicant may not be valid for rendering charter passenger services. Therefore, the condition of the exemption notification is prima facie, violated. Further, the condition given in the undertaking to the Customs authorities also stands violated. Therefore, on merits, the applicant has not made out a case for waiver of dues - appeal dismissed - decided against applicant.
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