In the event that an aircraft has been stopped by a public authority for non-payment of taxes by the operator, the owner of the aircraft may be invited to apply for exemption from the courts. There have been numerous cases in which the courts have held that the aforementioned deposit fees are borne by the operator and that their non-payment could not lead to the possession of the aircraft. Notwithstanding the above, the aviation rules provide that any entity of the government, intergovernmental organization or other private utility provider in India has the right to stop an object from an aircraft in exchange for the payment of sums paid by the Indian government (or such entity that directly provides services or performs the functions of the Indian government) on this matter; add or sell. Aviation financing and leasing are not subject to substantial national legislation. However, several aspects of aircraft leasing and financing activities are governed, among others, by Indian contract laws, Indian corporate laws and Indian foreign exchange rules. Similarly, the (Indian) Aircraft Act of 1934, read with the (Indian) flight rules, 1937 and civil aviation requirements, as required from time to time by the Directorate General of Civil Aviation (DGCA), regulates certain aspects of aircraft leasing in India. Covid-19 has severely affected the demand for air travel around the world, so airlines have no choice but to park most of their fleets. We are overwhelmed by the question of whether the case of force majeure on aircraft leasing transactions in light of the application of the COVID 19 pandemic. The following paragraphs should allow the reader to reach his own conclusion, whether accurate or not. There may be no way to minimize the aforementioned tax commitments. The capital gains tax, if any, applicable to the sale of an aircraft registered and operated in India would not be affected by the presence of the aircraft on the ground or in airspace. India is a party to the Warsaw Convention (1929), the Hague Protocol (1955) and the Montreal Convention (1999) and the provisions contained there, subject to the provisions of the Carriage Act 1972, which are law in India for any air transport, regardless of the nationality of the aircraft carrying the aircraft. India did not sign the Geneva Convention on International Aircraft Recognition (1948) or the Convention for the Unification of Certain Rules on Preventive Arrest of Aircraft (1933).

What taxes can be levied on leasing payments, loan repayments and aircraft transfers? How can taxation be kept to a minimum? 11 Certificate of Registration What is the certification regime for aviation interests registered in your country? The DGCA issues the aircraft registration certificate. The following mentions are included in this certificate: – the type of aircraft; The manufacturer`s serial number The year of production; Marks of nationality and registration of the aircraft; The full name, nationality and address of the landlord; The full name, nationality and address of the operator or lessor; The usual station of the aircraft; The date the aircraft was checked in and the duration of the check-in; The name of the holder of an interest in securities, if it exists. In the event of a hostile withdrawal, the owner, lessor or security agent may recover the aircraft on the basis of a duly sealed and notarized DPOA, an IDERA or both, if the taker has issued such instruments in their favour.