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Mumbai International Airport Pvt. Ltd, CJ Leasing (Cayman) Ltd. And Another Versus Commissioner of Service Tax

2016 (4) TMI 69 - BOMBAY HIGH COURT

Seeking extension of time to comply with earlier order and direction - Auction and sale of Aircraft - Authorities realise after a long time that technical services and expert assistance are also required to undertake an auction of aircraft - No steps are taken after the last order passed by this Court - Unsatisfactory to the response that the entire Commissionerate are unaware of the steps that would be required to be taken for conducting an auction of the Aircraft and they have considered this .....

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ioner or the deponent of this affidavit has not till today bothered to verify from these entities whether they are ready and willing to offer their services and if so willing, on what terms and conditions. He should have immediately taken up the issue with them and thereafter got in touch with his Superiors and instead of the usual process, straightway engaged these entities on commercial terms. The Air India's Engineering unit or department can definitely assist the Service Tax Commissioner. Bu .....

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Aditya Mehta, Mr. Adhip Iyer i/b. M/s.AZB Partners For the Respondents : Mr Pradeep S. Jetly with Mr. Jitendra B. Mishra, Dr. Milind Sathe, Senior Counsel i/b. M/s. Bachubhai Munim & Co., Ms. Prachi Sawant i/b. M/s. M.V.Kini & Co ORDER P. C. 1. It has been reported that our order and direction of the earlier date has not been complied with. When the matter was listed today, we are informed by Mr.Jetly, learned Counsel for the Commissioner of Service Tax-V, Mumbai Commissionerate, that a .....

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ave been taken. 4. What is to be valued and eventually auctioned and sold is the Aircraft which is parked in Mumbai. The Authorities who are incharge of this auction ought to realise that technical services and experts are required so as to undertake an auction of a Aircraft. If the Service Tax Commissioner has woken up now and such services have to be requisitioned, then, it is apparent that no steps are taken after the last order passed by this Court. 5. On oral instructions from the Official .....

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MTC or M/s.MSTC Ltd. who are governing agencies or acting as Government auctioneers, is meaningless for that Corporations are not possessed of this expertise. 6. We are sure that in India when the Aircraft carriers particularly the national carrier acquire a Aircraft on lease or on outright purchase basis, they definitely have technical backup and expert teams with whose assistance the aircrafts would be surveyed and approved and thereafter the deals finalised. We are informed that such a mechan .....

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