2017 (1) TMI 435 - HC - Service Tax

Auction of aircraft - earlier auction could not materialize for the reason that the offer price was less than the reserve price - now request made for fresh e-auction - Held that - request for re-auction and grant further time, which would be delaying the process and the debts of all concerned would go on mounting, we would highly appreciate if before the next date, the authorities, who will now conduct the e-auction, place their valuation report before this court. That be placed in a sealed cover. That should be placed at the hearing of this writ petition and other matters scheduled on 19th January, 2017 - petition allowed - decided partly in favor of petitioner.

Issues involved:
1. Failure of e-auction due to low bids.
2. Request for a fresh e-auction.
3. Complaint about an aircraft blocking space at the airport.
4. Intervention of Service Tax Commissioner in the sale of the aircraft.
5. Lack of experience in disposal of aircraft by the Commissionerate.
6. Request for a re-auction and valuation report submission.

Issue 1: Failure of e-auction due to low bids
The Deputy Commissioner of Service Tax stated that the highest bid received in the e-auction for an aircraft was significantly lower than the reserve price, making it unacceptable based on guiding principles. Despite the interest of a potential bidder who missed the e-auction but remained interested, the court questioned the reasons for not participating initially. The Service Tax Commissioner sought further time to re-start the e-auction process to obtain a fair price for the aircraft.

Issue 2: Request for a fresh e-auction
The Service Tax Commissioner requested a fresh e-auction to ensure a fair and reasonable price for the aircraft. The court expressed dissatisfaction with the delay caused by the need for a new auction process and emphasized the importance of obtaining a valuation report before proceeding further. The court set a deadline for the submission of the valuation report and warned of consequences if not provided on time.

Issue 3: Complaint about an aircraft blocking space at the airport
A complaint was raised by Mumbai International Airport Private Limited regarding the aircraft blocking space at the airport, affecting operations for multiple airlines. The entity sought the removal of the aircraft from the airport premises to alleviate the space crunch and facilitate smoother airport operations.

Issue 4: Intervention of Service Tax Commissioner in the sale of the aircraft
The Service Tax Commissioner intervened in the sale of the aircraft due to outstanding dues, leading to the initiation of the auction process. Respondent no. 3, claiming rights in the aircraft leased to another party, agreed to the sale without prejudice to its rights. Despite efforts to involve other entities and competitive bidding, the aircraft remained unsold due to bids falling short of the reserve price.

Issue 5: Lack of experience in disposal of aircraft by the Commissionerate
The Commissionerate lacked the necessary expertise and experience in the disposal of aircraft through competitive bidding, leading to unsuccessful attempts to sell the aircraft. Despite interventions from various entities, the bids received did not meet the reserve price requirements, prompting the need for a re-auction.

Issue 6: Request for a re-auction and valuation report submission
The court requested a fresh valuation report to be submitted before considering the request for a re-auction. Emphasizing the importance of obtaining an updated valuation reflecting the current market value of the aircraft, the court specified the agency responsible for conducting the valuation and set a deadline for the submission of the report. The court highlighted the need for a comprehensive valuation process to determine the appropriate reserve price for the re-auction.

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