2016 (4) TMI 800

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....Mr Darius Khambata, Senior Counsel with Mr.Nikhil Sakhardande, Mr.Aditya Mehta, Ms.Priyanka Shetty i/b. M/s.AZB Partners, Mr.Pradeep S.Jetly with Mr.Jitendra B.Mishra, Dr.Milind Sathe, Senior Counsel i/b. M/s.Bachubhai Munim & Co., Ms.Kavita Anchan with Mr.Harsh Parte i/b. M/s.M.V.Kini & Co. ORDER P. C. 1. We had placed the matter today and in terms of our earlier order to consider the request of the Commissioner of Service Tax V, Mumbai Commissionerate, for extension of time to carry out and conclude the auction/sale. 2. An additional affidavit has been filed by the Additional Commissioner of Service Tax Mr.Raju Sakthivel. The affidavit has been filed by authorising this gentleman who is Additional Commissioner of Service Tax b....

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....India Engineering Services Ltd. as a Technical Advisor. 3. It is stated by Mr.Jetly, learned Counsel appearing for the Respondents, on instructions, that after the concurrence from the Chief Commissioner of Service Tax, Mumbai Zone for appointment of M/s.Air India Engineering Services Ltd., a firm agreement / contract would be executed with that Agency on or before 14th April,2016. 4. Mr. Jetly, then, invited our attention to paragraph 16 of the Affidavit which sets out a blue print for the auction and disposal of the Aircraft. 5. After reading that paragraph as also paragraph 17, we inquired with Mr.Jetly as to how without any certification or statements relating to maintenance and operation of the Aircraft, such an ambitious prog....

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....essing letters and communications now. It was his plain duty to have obtained all the records and documents from the concerned parties and surely he is not so powerless as to depend upon this Court. The Service Tax Commissioner must give up his habit of seeking or attempting to seek relief in this petition which is not filed by him but some other entity. This Court cannot assist him beyond certain limit in somebodyelse's litigation. Some times and on some occasions he must take a risk. If he is now guided by the experts and technical personnel, then by all the more we would expect him not to raise such pleas or file affidavits containing vague and general statements. 9. We would take it that after the date and the time, which is ment....