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Mumbai International Airport Private Limited Versus Commissioner of Service Tax-1 & Others And C.J. Leasing (Cayman) Ltd. & Another Versus Commissioner of Service Tax & 3 Others

2016 (9) TMI 329 - BOMBAY HIGH COURT

Confirmation of auction – bidding - Removal of aircraft – highest bid below reserved price – bonafides of the service tax commissionerate and the attempts made till date - Held that : - the casual attitude of the Service Tax Commissionerate is not approved, for it ought to indicate with clarity, precision and completeness how the auction was finalised and what are its detailed terms and conditions - to test the bona fides of the auction purchaser and to enable him to complete the auction by depo .....

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Nikhil Sakhardande with Mr. Adip Iyer and Ms. Priyanka Shetty i/b AZB & Partners for the petitioners in WP No.1673 of 2015 and for the Respondent No.3 in WP No.3013 of 2014. Mr. M. Dwivedi with Mr. Sham V. Walve , for the Respondent ORDER P. C. 1. The petitioner has filed this petition, as noted in the earlier orders, essentially seeking a direction to the respondents to take steps expeditiously, whether jointly or severally, to remove the aircraft. 2. After a series of orders, directions an .....

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ional affidavit. Alternatively, the highest bidder also sent an e-mail and offered to pay 26 million US$ which is equivalent to ₹ 50,00,00,000/-, inclusive of all taxes, hangar charges and the cost of equipments to be installed to make the aircraft airworthy. That is how the Service Tax Commissioner seeks leave of this Court to finalise and confirm this auction and in favour of M/s. SGI Commex Limited. 3. The several steps taken till date and to procure the bids for the auction are set out .....

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t the original petitioners as well as respondent No.3 who claims that this aircraft belongs to it and was leased to the second respondent. 7. Mr. Sakhardande appearing on behalf of the respondent No.3, on instructions, states that though the bid is below the reserved price and to the extent indicated in this affidavit, the respondent No.3 does not doubt the bona fides of the Service Tax Commissionerate and the attempts made till date. He has, therefore, been instructed to make a statement that w .....

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aircraft needs to be cleared forthwith. 9. Further, the learned advocate, on instructions, states that the petitioners desire that the charges and penalties, which have been levied for the purpose on the aircraft company as it was lying at the airport premises for more than the permissible limit, ought to be borne by the auction purchaser or such other parties, duly reserving their rights to recover them in accordance with law. However, the petitioners cannot forego or waive the penalties and ch .....

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