Partly allowed

Pr. Commissioner of Income TAX-5 v. M/S. Jet Airways (India) Ltd.

Bombay HC25 Oct 2021ITXA/832/2017

Case brief

AI extract

What is this about?

The High Court adjourned final hearing of ITA Nos. 163/2017 and 309/2017 to 02/12/2021 while disposing of other connected appeals as withdrawn at the parties' request, subject to liberty to revive them if an Apex Court judgment is set aside.

What did the court decide?

Dismissed with liberty to revive if Apex Court judgment is set aside; ITAs 163 and 309 reserved for final hearing on 02/12/2021.

Pr. Commissioner of Income TAX-5 Vs M/S. Jet Airways (India) Ltd. — Income Tax | Bombay HC (2021)

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Digitally signed by MEERA MEERA MAHESH MAHESH JADHAV JADHAV Date:2021.10.28 12:02:14 +0530

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INCOME TAX APPEAL NO. 163 OF 2017

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Jet Airways (India) Ltd.

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….Petitioner

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 V/s.

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The Deputy Commissioner of
Income Tax 5(2)

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…Respondent

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WITH
INCOME TAX APPEAL NO.832 OF 2017

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WITH
INCOME TAX APPEAL NO.2303 OF 2018
WITH
INCOME TAX APPEAL NO.2093 OF 2018
WITH
INCOME TAX APPEAL NO.2375 OF 2018
WITH
INCOME TAX APPEAL NO.309 OF 2017
WITH
INCOME TAX APPEAL NO.902 OF 2017
WITH
INCOME TAX APPEAL NO.2014 OF 2018

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----

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Mr P J Pardiwalla, Senior Advocate i/b Mr Atul K Jasani for the Appellant in
ITXA/ 163/2017 and for the Respondent in the rest of the Appeals.

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Mr N C Mohanty for the Respondent in ITXA/ 163/2017 and for the
Appellant in ITXA/2303/2018, ITXA/2093/2018 and ITXA/2375/2018,

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Mr Ashok Kotangale i/b Mr A K Saxena for the Appellant in ITXA /832/2017
and ITXA/2014/2018

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Mr Suresh Kumar for the Appellant in ITXA /902/2017

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 ----

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 CORAM : K.R. SHRIRAM &
AMIT B. BORKAR, JJ
 DATED : 25th OCTOBER 2021

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P.C. :

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1Mr. Kotangale, who is appearing for appellant in Income Tax Appeal

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No.832 of 2014 and Income Tax Appeal No.2014 of 2018 states in fairness

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Meera Jadhav

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911.itxa-163-17.doc

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that the petitions are covered by the judgment of the Apex Court in
Ghanshyam Mishra & Sons Pvt Ltd. Vs. Edelweiss Asset Reconstruction1 and
therefore, seeks leave to withdraw the appeals with liberty to approach the
court and revive these appeals if, the order passed by NCLT/NCLAT in the
case of Jet Airways Ltd is set aside by the Apex Court.

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2Income Tax Appeal No.832 of 2017 and Income Tax Appeal No.2014
of 2018 are disposed as withdrawn with liberty as prayed for.

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3In view of the above, Mr. Mohanty appearing for appellant in Income
Tax Appeal No.2303 of 2018, Income Tax Appeal No.2093 of 2018 and
Income Tax Appeal No.2375 of 2018 and Mr. Suresh Kumar appearing for
appellant in Income Tax Appeal No.902 of 2017 also seek leave to withdraw
the said appeals with liberty as prayed for. The said appeals are also
disposed as withdrawn with liberty as prayed for.

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4As regards Income Tax Appeal No.163 of 2017 and Income Tax Appeal
No.309 of 2017 are concerned, we are informed are already admitted.
Therefore, Income Tax Appeal No.163 of 2017 and Income Tax Appeal
No.309 of 2017 to come up for final hearing on 2nd December 2021.

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(AMIT B. BORKAR, J)(K.R. SHRIRAM, J.)

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1 (2021) 91 GSTR 28(SC)

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Meera Jadhav

Pr. Commissioner of Income TAX-5 v. M/S. Jet Airways (India) Ltd.

Case brief

What is this about?

What did the court decide?

Pr. Commissioner of Income TAX-5 v. M/S. Jet Airways (India) Ltd.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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