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In a setback to foreign carrier companies, the Bombay high court has ruled that delayed payment of foreign travel tax (FTT) could attract penalty under the provision of the Finance Act, 1979. Rejecting the plea of petitioners Malaysian Airlines, Saudi Arabian Airlines, North West Airlines and Kenya Airlines

the court on Monday said that the power to impose penalty under section 38(3) of the act could be exercised only in case of “failure to pay the tax” and not where there is only a delay in the payment of tax.

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