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Supreme Court dismisses income tax petitions, upholds High Court decision, directs liquidation status notification. The Supreme Court dismissed the income tax department's petitions, citing a previous order and agreeing with the High Court's decision. The Court ...
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Supreme Court dismisses income tax petitions, upholds High Court decision, directs liquidation status notification.
The Supreme Court dismissed the income tax department's petitions, citing a previous order and agreeing with the High Court's decision. The Court acknowledged the respondent's liquidation status and directed the respondent's counsel to inform the Official Liquidator/Competent Authority. Reference was made to a previous order in a related case, emphasizing non-interference with the High Court's decision and the absence of discussion on the issue of permanent establishment. The Registry was instructed to send a copy of the order to the Monitoring Committee of Jet Airways.
Issues involved: Dismissal of petitions filed by the petitioner/department(s) of income tax, liquidation of respondent-Jet Lite (India) Limited, reference to a previous order in C.A. Nos.6511-6518/2010.
Dismissal of Petitions by the Supreme Court: The Supreme Court dismissed the petitions filed by the petitioner/department(s) of income tax. The Court referenced a previous order in C.A. Nos.6511-6518/2010 and stated that the impugned orders of the High Court did not call for interference. The Court did not delve into the question of permanent establishment as they agreed with the High Court on the first issue.
Liquidation of Respondent-Jet Lite (India) Limited: It was highlighted during the submissions that the respondent-Jet Lite (India) Limited is in liquidation. The Court took this fact into consideration while passing orders in the cases. The Court requested the respondent's counsel to transmit a copy of the order to the Official Liquidator/Competent Authority appointed in the matter.
Reference to Previous Order in C.A. Nos.6511-6518/2010: The Court mentioned that the petitions could be disposed of by following the order passed in C.A. Nos.6511-6518/2010 (Director of Income Tax, New Delhi vs. Travelport Inc.). The relevant portion of the order from the previous appeal was extracted, stating that the Court did not interfere with the High Court's decision and did not address the question of permanent establishment.
The Registry was directed to send a copy of the order to the Monitoring Committee of Jet Airways at the provided address in Mumbai.
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