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Mumbai International Airport Private Limited, C.J. Leasing (Cayman) Ltd. Versus Commissioner of Service Tax And Others

2016 (10) TMI 122 - BOMBAY HIGH COURT

Auction of an aircraft - protection of bidder - the bid amount falls short of the reserve price to the extent of 81.8% - limitation of 30 days - the Commissioner of Service Tax as also the Board of Excise and Customs have not given their approval to the sale - Held that:- In this case, the bid was dated 18th August, 2016. The validity of the same has expired on 18th September, 2016. The bid is, therefore, no longer valid on the option having been exercised in terms of this clause. These statemen .....

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Priyanka Shetty i/b. M/s. AZB and Partners for the petitioner Mr. Sanjay Suraneni i/b. M/s. Bacchubhai Munim and Company for respondent ORDER P. C. 1) This notice of motion, namely, Notice of Motion (L) No. 639 of 2016, which was moved by the applicant Commissioner of Service Tax - V, was argued on the earlier occasion and a detailed order was passed. In that order, we had noted the statement of the learned Additional Solicitor General of India in para 7. Para 7 of the order dated 19th September .....

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is concerned) and who has not granted the approval. That is why the entire event and subsequent to 22-8-2016 has occurred. Now the commissioner is making an attempt to once again take up the issue with the Board and if nothing is heard from this competent superior authorities, then, this Court may pass such orders as are permissible in law. 2) At the request of the learned Additional Solicitor General, the matter was placed today. Today, when the matter was called out, the learned Additional So .....

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ions were posed in the light of the statements made in para 2 of the affidavit in support of the notice of motion by the Service Tax Commissioner that the bid amount and of M/s. SGI Commex Limited falls short of the reserve price to the extent of 81.8%. Secondly, the Commissioner of Service Tax as also the Board of Excise and Customs have not given their approval to the sale. When several queries were raised with regard to such stand of the Service Tax Commissioner now placed before this court, .....

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