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A LECTURE ON TAX IMPLICATION ON
AVIATION INDUSTY IN INDIA
Prepared by: SAURABH SWAPAN DAS
LLM GROUP II,Roll No.12.
UNDER T...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
2 | P a g e
1.INTRODUCTION:
The year 2012 marked a decade of full-fledged en...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
3 | P a g e
 With the induction of more aircraft in India every year and th...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
4 | P a g e
 Review the procedural hurdles faced by MROs in importing spare...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
5 | P a g e
 Customs should allow 24x7 clearance of aircraft parts at six m...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
6 | P a g e
 Testing equipment can now be imported duty-free by the MROs.
W...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
7 | P a g e
Aviation Turbine Fuel (ATF) prices in India are higher than the ...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
8 | P a g e
8805100 Air Combat
Stimulators
10% 6% 4% CIF basis
880510900 Air...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
9 | P a g e
5.Service Tax Rates (applicable for all Domestic & International...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
10 | P a g e
Recent Developments
 While there have been some recent success...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
11 | P a g e
 Portugal: In October, the Portuguese Government announced the...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
12 | P a g e
3.Technology Transfer Agreement(TFA)/Know how Sharing Agreement...
TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA
13 | P a g e
for another year," global consultancy KPMG partner and India he...
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Taxation under avA DETAILED ANALYSIS ON TAX IMPLICATION IN INDIAN AVIATION INDUSTRYiation industry

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The lecture basically highlights the present scenario of the Indian Aviation Industry & its future Prospects

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Taxation under avA DETAILED ANALYSIS ON TAX IMPLICATION IN INDIAN AVIATION INDUSTRYiation industry

  1. 1. A LECTURE ON TAX IMPLICATION ON AVIATION INDUSTY IN INDIA Prepared by: SAURABH SWAPAN DAS LLM GROUP II,Roll No.12. UNDER THE GUIDANCE OF PROF.SHREEDHAR .V.MUNDHE
  2. 2. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 2 | P a g e 1.INTRODUCTION: The year 2012 marked a decade of full-fledged entry of the private sector in defence production with 100% equity and 26% foreign direct investment. The decade also witnessed India emerge as one of the most attractive defence markets and an even more lucrative aerospace market in the world with a steady increase in the Ministry of Defence’s budget for modernisation of the armed forces. Besides, the size of the defence market in India, the government’s defence budget, the 30% offset clause, the Defence Production Policy espousing indigenisation and self-reliance— these avenues seem promising for the private defence industry as well. However, the lack of level playing field for the private sector vis-a-vis the DPSUs and the foreign original equipment manufacturers (OEMs) continue to be a dampener on the enthusiasm and efforts of the private sector to be able to contribute meaningfully to the Indian growth story. India at this juncture is uniquely equipped to create a vibrant defence manufacturing base in the country with the right utilisation of its budget and modernisation spree. Yet we are losing the battle even before it has started. The Defence Offset Policy announced last year lists fostering development of internationally competitive enterprises, augmenting capacity for research, design and development related to defence products and services and encouraging development of synergistic sectors such as civil aerospace and internal security. 2.Opportunities & Challenges: India, with its growing aircraft fleet size, strategic location advantage, rich pool of engineering expertise, and lower labour costs has huge potential to be a global MRO hub. At present, Airlines operating in India get nearly 90% of their MRO( Maintenance, Repairs and Overhaul ) done abroad, mainly due to cost advantages resulting from the comparatively high tax burden, cumbersome operating procedures, and the inadequate MRO service facilities available in India. India’s current MRO market size is estimated to be around USD 750 million. As per Boeing itself, the market is expected to grow at 7% CAGR(Compound Annual Growth Rate) for the next 7 years to reach USD 1.2 billion by 2020. With the fleet size likely to double by 2020, the need for a strong domestic MRO industry is critical and not just desirable. A strong MRO industry could achieve the following benefits in next 10 years:  Create thousands of Jobs for Aerospace engineers and other professionals.  Save and earn foreign exchange by attracting national and international carriers to Indian MROs.  Reduce dependency of Indian carriers on other countries for their MRO requirements.
  3. 3. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 3 | P a g e  With the induction of more aircraft in India every year and the existing ones getting aged, the opportunities for employments, saving in foreign exchange, and the revenue earned by taxes will increase every year.  Make India an attractive MRO hub in this part of the world. Threats: 1. Central Government, State Governments, and various other agencies imposed taxes and levies on the Indian MRO industry at various points in time without considering the overall impact of these on the development and growth of the industry. 2. At present Domestic scheduled carriers outsource most of their MRO activity to third‐party service providers outside the country. It’s a matter of major concern that Indian carriers find it more cost effective to fly empty aircrafts and crew to overseas MRO hubs for maintenance of their fleet. At present, Indian MROs are mainly equipped for Line maintenance. We need to build more sophisticated facilities and upskill our workforce to do the heavy maintenance work which is mostly outsourced now. 3. Very recently even Air India, like all private Indian carriers started depending on MRO facilities located in South Asia, South East Asia, and the Middle East. MRO business worth nearly USD 450 million has been estimated to be outsourced by the scheduled carriers to other countries in FY 12. This is a colossal loss of revenue, employment, and loss of revenue through taxes to the government which also foregoes the corporate tax on the profits of these overseas MRO service providers. 4. In the absence of a well‐developed MRO base in India, there are currently around 40 overseas MRO providers approved by the Directorate General of Civil Aviation (DGCA) to conduct work on Indian‐registered aircrafts, in locations such as the UK, Germany, France, Romania, Jordan, Israel, the UAE, Sri Lanka, China, Singapore, Malaysia and Australia, while the plans by some of the large global MRO players to set up base in India are yet to materialize. Recommended initiatives that could boost the Indian MRO industry:  Review the collective implications of various taxes imposed by the Central and State Governments especially VAT on MRO industry.
  4. 4. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 4 | P a g e  Review the procedural hurdles faced by MROs in importing spares, using the services of foreign experts, creation of necessary infrastructure etc. and address issues immediately to put Indian MROs on the growth trajectory.  Review the Aircraft maintenance engineering courses available in India for their suitability in meeting the skill sets required by the industry.  Encourage setting up of comprehensive MRO facilities in India to take care of the growing requirements of aircrafts operating in India. The government would earn significantly larger revenues from the multiplier effect of MROs, generation of local employment and the growth of ancillaries. The State government would earn VAT on every rupee spent by employees on consumption goods plus get a share of the income tax, excise duty, and service tax paid by such employees to the Central government. Every incremental job yields incremental revenue for the State government. Some of the important corrective measures suggestedare:  Review of the VAT charged on MROs with a view on the sustainability of the business when VAT is paid along with other taxes and levies.  States should consider extending benefits like exemption from State electricity duties, Stamp Duty, land benefits, etc. to attract MROs.  Review of the Service tax imposed on MRO industry considering the fact that when MRO work is done abroad, the Airlines need not pay any tax at all.  Airline industry is primarily a ‘service’ industry, thereby, full Cenvat credit for MRO activities should be extended to the airlines without any restriction since airlines, at times may not be in a position to claim full credit.  Rationalize the Customs duty exemption on import of MRO tools and consumables: The existing Customs exemption covers only parts and testing equipment for MRO operations.  Review of royalty charged by AAI on MRO: The Airports Authority of India (AAI) charges 13% royalty from Indian MROs, which renders them uncompetitive. This is over and above the rents that MROs pay to AAI for use of the airport premises. A royalty over the rent is only making Indian MROs more uncompetitive.  Simplify and standardize the Customs requirement to produce certificates from end-user airlines for import of aircraft parts: Under Customs law, MROs are granted exemption from Customs duty for import of aircraft spares, subject to submission of requisite documents in the prescribed manner to the satisfaction of the Customs authorities. While importing spares, Customs authorities at different airports have varying requirements of documents, many of which are tedious and impractical.
  5. 5. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 5 | P a g e  Customs should allow 24x7 clearance of aircraft parts at six major airports: Unlike for air cargo at major airports, the Customs department has fixed working hours for clearing aircraft spares. This further leads to delays in custom clearance which is critical in quick turnaround especially in situations like ‘Aircraft‐on‐Ground’ (AOG). A 24x7 window for custom clearance of aircraft spares would go a long way.  Distinguish MRO as a separate category through amending Aircraft Rules: MROs have been clubbed with Ground Handling Agencies (GHA) for security and other related procedures at the airport. There is no distinction made between these two very distinct services. This causes avoidable issues related to airport passes, etc. and subsequently delays. MRO, by definition, should be declared a separate category by the Government, through amendment of Aircraft Rules, 1937.  Accord infrastructure status to MRO industry: The MRO is an integral part of the airport infrastructure. The government may consider extending tax benefits on lines of 80IA to MRO.  Encourage airports to support MRO as a strategic activity: The MRO facility has to be located at the airport itself there’s no choice! The Government should take a holistic view and should ensure that adequate space is mandatorily allocated at Indian airports for MRO. Else certain airport operators may take a narrow view of the same and allocate precious airport land for other commercially attractive activities. Globally, all major airports have dedicated MRO hubs that also lead to higher revenues for the airport by way of higher aircraft movements and hangar rentals.  Provide SEZ status to MRO hubs: The government should encourage Indian airport operators and Indian carriers to partner with MRO providers and develop Aerospace Parks at the airports. These Parks could be dedicated for MRO and aerospace manufacturing activities with unrestricted access to the runways. The government should accord Special Economic Zones (SEZ) status for such Parks, treat goods and services produced therein as ‘deemed exports’ and provide full tax exemptions.  Develop globally competitive skills and capabilities: Given the industry challenges, not many MRO players in India possess globally competitive end‐to‐end capabilities. Very few players have global certifications from USA’s Federal Aviation Administration (FAA) or European Aviation Safety Agency (EASA) or UAE’s General Civil Aviation Authority (GCAA) to undertake heavy maintenance works on Airbus and Boeing jets. The Government of India may consider reimbursing 30‐50% of the cost of obtaining global certifications as an incentive to the industry. Some of the positive measures taken by the government over the past few years:  Extension of time period for consumption/installation of parts, and testing equipment imported for Maintenance, Repairs and Overhaul (MRO) of aircraft by MRO units from 3 months to one year.  MRO industry for the first time is allowed to go in for ECB.  The Royalty charged by the AAI, from MRO, reduced from 36.3% to 13%.
  6. 6. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 6 | P a g e  Testing equipment can now be imported duty-free by the MROs. While the above measures have helped the industry, it needs more support to capitalize on the enormous business opportunities available. 3.Tax on Jet Fuels: In the year 2014,Among the major demands was including aviation turbine fuel (ATF) in the 'declared goods' category so that sales tax on it comes down to about four per cent from the prevailing rates ranging from 28 to 35 per cent across the country, though some states like Chhattisgarh, Jharkhand and West Bengal impose only four per cent. Airline officials present at today's meeting said that while ATF was supplied to small aircraft like Bombardier's Q-400s or turboprop ATRs as 'declared good' and charged around five per cent tax, larger aircraft weiging over 40,000 kg were levied up to 35 per cent sales tax. Jet fuel constitutes about 40-45 per cent of the total cost of an airline. The airlines also sought exemption of aircraft engines from customs duty, the officials said, adding that the exemption which was withdrawn in 2012 should be reinstated. The government should either put ATF in the 'declared goods' category or reduce excise duty on it from 8-10 per cent to zero, Aeronautical Society of India's council member, Debashish Saha, who was part of industry delegations, suggested. ATF sales in 2013-14: The private airport lobby group has also supported the airlines' demand of including Aviation Turbine Fuel (ATF) in 'Declared Goods' category to bring about a uniform tax across the country. At present the ATF Tax rate is 8.5% per Barrel of oil Imported which inturn has increased the cost of the Airlines by 10-15% p.a every year.
  7. 7. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 7 | P a g e Aviation Turbine Fuel (ATF) prices in India are higher than the international market. The airline industry’s operational cost component is dominated by the cost of the (ATF). The ATF price accounts for nearly 45% of the operational expenses. A 10% increase in fuel price would push up costs by atleast 4%, thus causing a dampener on the financial health of an airline business. 4.On other Tax Regimes: 1.Rise in User Development Fees(UDF): The new airports have been charging user development fee resulting in increase of fares which are already rather high. UDF Rates prevailing in India in year 2014: SI NAME OF AIRPORT PLACE TYPE UDF Rate per passenger levied in INR 1 chhatrapati shivaji international airport Mumbai International Airport Rs.500/- per passenger 2 chhatrapati shivaji Domestic airport Mumbai Domestic Airport Rs.300/- per passenger. 3 Indira Gandhi Airport(IGI) Delhi International & Domestic Airport Rs.250/- per passenger 4 Netaji Subhashchandra Bose International Airport Kolkata International Airport Rs.200/- per passenger. 5 Bengaluru International AIrport Bengaluru International Airport Rs.150/- per passenger 6 Porbandar Airport Porbandar Domestic Airport Rs.100/- per passenger Source: IATA Website 2.Custom Duty on Spare parts of Aircrafts: Chapter 88 of the CETA specifies custom duties on various spare parts of Aviation sectors. HS Code Item Description Basic Duty CVD Special CVD Method of Computation 88051010 Deck Arrestor & gears 10% 6% 4% CIF basis 88051020 Aircraft Launching Gears 10% 6% 4% CIF basis 88051030 Ground Flying Trainers 10% 6% 4% CIF basis
  8. 8. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 8 | P a g e 8805100 Air Combat Stimulators 10% 6% 4% CIF basis 880510900 Aircraft Engines 10% 6% 4% CIF basis Source: CBEC Website. Importers will not have to pay customs duty on aircraft that are brought into the country for non scheduled use, while private use operators will have to.The difference between non scheduled and private operations is that an aviation company charges clients for using non scheduled services, while private use means companies operating aircraft on their own expenses.Several companies that imported aircraft under the non schedule use permits, were initially exempted from having to pay customs duty, but were later served show cause notices for the same.The Customs Department issued the notices on the basis that the companies were using the aircraft for private purposes and were hence, not covered by any exemption under law. 3.Excise duty on ATF: At present it is 14% per barrel as per chapter 27 of CETA.+ NCCD of 1%+EC of 2%+SHEC of 1% +0.5% import tariff duty payable i.e effective rate: 18.05% per barrel in addition to ATF tax.18.05% + 8.5%=26.55% in total. 4.Air Cess: In addition to regular tax,Air cess in addition needs to be paid as per Article 10 of ICAO(International Convention on Civil Aviation) ,1944 to which India is also a signatory. The top 11 Air cess Collecting Members of ICAO in year 2013-14: SI NO COUNTRY AIR CESS RATE(%) p.a 1 China 6.9 2 USA 6.1 3 India 5.98 4 Canada 5.76 6 UK 5.23 7 Brazil 4.87 8 South Africa 4.56 9 Japan 3.98 10 UAE 3.0 12 Sweeden 2.32 Source: Economic Times,Nov14,2013,Pg.8 At present the Air cess rates has been enhanced from 5.98% to 5.99%.Also as per Art 10 of ICAO, such air cess should not exceed 10% & LDC’s should charge not more than 2% p.a.
  9. 9. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 9 | P a g e 5.Service Tax Rates (applicable for all Domestic & International Flights) Rates for AY 2014-15 SI NO SERVICES RENDERED SERVICE TAX RATE Abatement 1 Air Travel Services 13% 10% 2 Ticketing 18% - 3 Catering Services 12.35%+4%*(Special Privilages) - 4 On Flight Shopping(OFS) 4.67% - 5 Other Auxillary Services(OAS) 8.6% - Source: Service Tax reckoner,2013-14.Bharat Publication. 5.VALUE ADDED TAX(VAT) RATES: Following are the MVAT rates for AY 2014-15: SI No ITEMS Rate of Tax 1 ATF(Duty Paid) 25% per Barrel 2 ATF(Bonded) 30% per Barrel 3 Aviation Gasoline(Duty Paid) 10% per Barrel 4 Aviation Gasoline(Bonded) 24% per Barrel SOURCE: Tax reckoner,2013-14.Bharat Publication. 6.OTHER GLOBAL TAX REGULATIONS: Fact Sheet: Aviation Charges, Fuel Fees and Taxes  IATA drives cost efficiencies in airport charges, air traffic control charges, fuel fees and taxation  IATA’s campaigns are aimed at infrastructure providers (airports, air navigation service providers (ANSPs) and fuel suppliers) as well as regulators and governments  Airlines and passengers are estimated to have paid at least $92.2 billion for the use of airport and air navigation infrastructure globally in 2011, equivalent to 14.4% of the cost of transport. (1)  In all its work, IATA emphasizes the key principles of infrastructure charges:  Transparency  Cost-relatedness of charges  Consultation with airlines  Equitable charges structure  Timely and efficient investment  Productivity and service level improvements
  10. 10. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 10 | P a g e Recent Developments  While there have been some recent successes, increased taxes, together with rising charges and fees, remain a threat across the globe.  At London Heathrow, the regulator’s decision to cap charges at 1.5% below inflation for the 2014-2019 pricing period, as well as stipulate a capital investment program of US$3 billion sets a good example for other large international hubs.  We are optimistic that ongoing dialogue with the Airports Company of South Africa (ACSA) on their development plans will prevent the large charges increases introduced in the past.  Elsewhere in Africa there is a worrying trend towards charges for immigration and border control services — a state responsibility. Airlines should not have to bear the burden of these fees which reach US$80 per passenger in some countries.  The Single European Sky, which would make European air navigation more cost-efficient, needs significantly more ambition and commitment from states.  The abolition of the two highest rates of the UK Air Passenger Duty from April 2015 is a small step towards mitigating this damaging aviation tax, however the lower two bands are still increasing in line with inflation.  Lack of open access to fuel supply and the continued imposition of various taxes on jet fuel for international operations is increasing the industry’s cost burden.  There is also concern that changes in the jet fuel supply chain and increasing demand is leading to increased supply reliability challenges.  As of November 2014, IATA’s successful campaigns include:  Australia: prevented a proposed increase in ATC charges to subsidize aviation rescue and fire- fighting services at remote airports which would have cost an extra US$20 million.  EU: successfully opposed plans by the European Aviation Safety Agency (EASA) to introduce fees for the authorization of third country operators (those from non-EU or EEA-EFTA states).  Hong Kong: prevented the withdrawal of a long-standing 15% discount for landing and parking charges, safeguarding US$43 million in savings for airlines.  Italy: the splitting of charging zones by the Italian ANSP resulted in a reduction of US$24 million in terminal navigation charges.  Kenya: following industry protests, the government has refrained from imposing a railway development levy on jet fuel for international operations, saving airlines an estimated US$23 million up to 2015.  Libya: IATA worked with the government to achieve more transparency on the country’s fuel pricing formula which will result in savings of US$31 million per year.  Mexico: an industry campaign to prevent the imposition of an environmental levy on jet fuel for international uplift avoided some US$55 million in extra costs for airlines.  The Netherlands: achieved a reduction of 6.8% in airport charges for 2015, compared to the airport’s original proposal of a 1% increase, saving US$60 million.  Peru: the introduction of an economic regulation for ATC charges, including the obligation to consult with users, marked the successful end of a long-term campaign following the ANSP’s unilateral imposition of a 19% increase in charges in 2012.  Spain: avoided an increase in airport charges of 3% above inflation for 2015, saving US$65 million.
  11. 11. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 11 | P a g e  Portugal: In October, the Portuguese Government announced the withdrawal of a proposal to introduce a new ‘green’ tax. The tax would have cost the industry approximately EUR 30 million annually.  Aviation must not be treated as a cash cow for providers or an easy target for taxation by governments  Providers should continue to build on the collaborative relationships established with airlines  The industry must continue to seek opportunities for cost reduction and efficiency improvements 7.OTHER IMPORTANT FACTS ABOUT AVIATION INDUSTRY: 1.List of Private Players incurring Financial Losses between 2010-14: SI No NAME OF THE CARRIER PLACE OF INCORPORATION SINCE ANNUAL TAX LIABALITY(INCL. Interest) in Million 01 Kingfisher Airlines(KFA) India 2010 50 USD 02 Air Madagascar Madagascar 2010 30 USD 03 Delta Airlines USA 2011 30 USD 04 Globus Airlines Russia 2011 25 USD 05 Hong Kong Airlines China 2012 20 USD 06 Garuda Air Indonesia 2013 12 USD 07 Pakistan International Airlines(PIA) Pakistan 2013 07 USD Source: PwC Aviation Manual,2011 2.
  12. 12. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 12 | P a g e 3.Technology Transfer Agreement(TFA)/Know how Sharing Agreements(KSAs): On June23rd,2012,149 member countries have signed these agreements as per the recommendation of ICAO,as per these agreements,all the member nations will be taxed at a concessional rates on all the imported spare parts.India has ratified this agreement on Nov,2013 & these provisions have been stated under the Income tax Act,1961 Sec 92F & also such companies can claim as duty drawbacks under Customs & also simultaneously claim as CENVAT credit under the Central Excise Act,Forming SEZ etc. Such agreements can be bilateral or plurilateral agreements. Eg.KSA between India ,South Korea,Japan,France & the Netherlands signed in October,2012. KSA between USA,UK,Canada,South Africa & Denmark signed in June,2012. KSA between Australia,New Zealand,Iceland,Switzerland & Germany signed in Januray,2013. 4.Latest update of the Budget 2015 on Aviation Industry: Indicating that the Budget had failed to give any relief to the ailing aviation sector, industry experts today said that the domestic aviation sector will continue to struggle for another year. "Overall, nothing to write home about. India's troubled aviation sector will continue to struggle
  13. 13. TAX IMPLICATION ON AVIATION INDUSTRY IN INDIA 13 | P a g e for another year," global consultancy KPMG partner and India head of aerospace and defence Amber Dubey said. The beleaguered industry's long pending expectations of tax rebates on jet fuel .. "The only silver lining for the aviation industry is the bankruptcy code," A single corridor is proposed in this budget for fast track quality inspection for all spare parts in India of defence as well as General Aviation. 4.Airline Cartel Committee(ACC): Evolved from EU,the main aim is to safeguard against rising tax & financial losses. EU CARTELS: Air France(France),KLM(Dutch),TAROM(Romania),Air Greenland(Denmark),TAPP(Portugal),Lufthansa(Germany) & AEGEAN(Greece),Icelandic Air(Iceland),Austrian(Austria),Brussels Airlines(Belgium). North America & Central: US airways(US),Air Canada(Canada),Skywest Airlines(USA),Aeromexico(Mexico). South America: TACA AVIANCA(Columbia),Spirit Airlines(Peru),TAM(brazil),LAN(chile). ASIA: Air India(India),Vistara(India-Singapore),Etihad(UAE),Singapore Airlines,Air Malaysia,Air Garuda(Indonesia),Shenzen Airways(China). Africa: Ethiopian,South African Airlines,Kenya Airways OCENIA: Quantas,Air Newzealand & Alliance Airlines(Australia) ------------------------------------------------------------------------------------------------------------------------------------------------------------
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The lecture basically highlights the present scenario of the Indian Aviation Industry & its future Prospects

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