Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2015 (9) TMI 1218

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....onerate, Mumbai. 2) After setting out the relevant facts, he has gone ahead and informed the Court that the Service TaxV had detained the following Aircrafts and Helicopters belonging to M/s. Kingfisher Airlines to recover Service Tax amount due to the Government. Sr. No. Aircraft type VT Reg. And MSN No. Ownership status 1 ATR 72 VT-KAE/MSN 737 Financial Lease 2 ATR 72 VT-KAF/MSN 738 Financial Lease 3 Airbus 319 VT-VJM/MSN 2650 Financial Lease 4 ATR 72 VT-DKH/MSN 739 Owned 5 ATR-42 VT-ADK/MSN 613 Owned 6 ATR-42 VT-ADJ/MSN 612 Owned 7 Helicopter VT-SVM/MSN 6761 Owned 8 Helicopter VT-LVM/MSN 6777 Owned   3) The subject matter of this Writ Petition is aircraft at Serial No. 3. It is stated to be und....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... process of appointing a governmentapproved auctioneer capable of conducting a global auction for the aircraft VTVJM (MSN 2650). I further say that in order to dispose off the aircraft VTVJM (MSN 2650), a period of at least two months time would be required subject to the maintenance records/statutory audit records of the aircraft and its engines be submitted by M/s Kingfisher Airlines Ltd. to the Service Tax Department. ..... 23. In view of the necessary steps proposed to be taken by the Service Tax Department as required in law to auction the aircraft presently lying in the premises of MIAL, it is submitted that the entire process would take about two months. Hence it is humbly prayed that a leave of two months period may be granted to ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is Writ Petition. 8) As far as a letter at page 455 of the paper book Annexure 'H', which is dated 12th August, 2015 is concerned, it is a letter addressed two days prior to the date of hearing of this Petition. We inquired from the Kingfisher Airlines Ltd. as to whether they are in receipt of this letter and Mr. Sathe states that the letter at Annexure 'H' has not been received by M/s. Kingfisher Airlines Ltd. but they are in receipt of all prior letters. They are aware that request is made to furnish the records and documents pertaining to subject aircraft and which are stated to be in possession of the Airlines Company. 9) Today, we heard the matter at length on two occasions. On the first occasion, we inquired from counsel appearing f....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....craft are available and can be accessed. We accept these statements and made today and give time to the Advocates to take complete instructions and file an affidavit of a competent and authorized officer in this Court. We would highly appreciate if the affidavit discloses as to within how much period and time the records would be accessed and thereafter handed over to the Service Tax Commissionerate. We would also highly appreciate if the competent official informs the Court on affidavit that the said airlines will extend all cooperation to the Department and allow it to appoint a valuer to have the valuation of the aircraft after all documents/papers are handed over. The further stand of the company should also be made clear and that is wh....