Karnataka High Court
Sbicap Trustee Company Ltd vs Assistant Commissioner Of Service Tax on 16 October, 2017
Author: Vineet Kothari
Bench: Vineet Kothari
1/9
IN THE HIGH COURT OF KARNATAKA, BENGALURU
DATED THIS THE 16th DAY OF OCTOBER, 2017
BEFORE
THE HON'BLE Dr.JUSTICE VINEET KOTHARI
REVIEW PETITION Nos.373 OF 2017 & 479-491 OF 2017
IN
WRIT PETITION Nos.19727/2014 &
30777-30789/2014 (T-RES)
Between:
1. SBICAP Trustee Company Ltd.
No.8, 5th Floor, Khetan Bhavan
198 Jamshedji Tata Road,
Churchgate, Mumbai - 400 020
Represented by Authorized Officer
Mr. R. Lakshminarayana Rao.
2. State Bank of India
A Banking Corporation Constituted
Under the State Bank of India Act,
1955 (23 of 1955)
Having its Corporate Centre at
State Bank Bhavan
Madame Cama Road
Nariman Point
Mumbai - 400 021.
And having its Stressed Asset
Management Branch at,
2nd Floor, Office Complex
Building, Local Head Office
Compound, #65, ST. Marks
Road, Bengaluru-560001.
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
2/9
3. Axis Bank Limited,
A Company incorporated under the
Companies Act, 1956 and
A banking company within the
Meaning of Section 5(c) of the
Banking Regulation Act, 1949 and
Having its registered office at
Trishul, Third Floor
Opp. Samartheswar Temple
Law Garden, Ellisbridge
Ahmedabad 380 006, Gujarat, India.
And having its corporate office at
Axis House, C-2, Wadia International Centre
Pandurang Budhkar Marg
Worli, Mumbai - 400 025.
4. Bank of Baroda
A body corporate under the
Banking Companies (Acquisition and
Transfer of Undertaking) Act, 1970
(5 of 1970), Having its head office at
Baroda House, P.B.No.506, Mandavi
Vadodara - 396 006.
Acting through its Branch
Office at P.O.Box 11745
Samata Building
General Bhosale Marg
Nariman Point, Mumbai -400 021
5. Corporation Bank
A body corporate under
Banking Companies (Acquisition and
Transfer of Undertaking) Act, 1980
(40 of 1980) Having its
Corporate office at
Mangaladevi Temple Road
Pandeshwar, Mangalore - 575 001
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
3/9
And having its Industrial Finance Branch
at Rallaram Memorial Bldg.
1st Floor, CSI Compound
Mission Road, Bengaluru - 560 027.
6. The Federal Bank Limited
A Company within the
Meaning of the Companies Act, 1956
Having its registered office at Federal Towers
Aluva - 683 101, Kerala.
And having its branch office at
St. Marks Road, 9, Halcyon Complex
St. Marks Road, Bengaluru - 560 001.
7. IDBI Bank Limited
A company incorporated
Under the Companies Act, 1956 and
A banking company within the
Meaning of the Banking Regulation
Act, 1949, having its head office at
IDBI Tower, WTC Complex
Cuffe Parade, Mumbai - 400 005
Maharashtra, India.
And acting through its branch
Office at Corporate Banking
Group-FAMG, 9th Floor, IDBI Tower
WTC Complex, Cuffe Parade
Colaba, Mumbai - 400 005.
8. Indian Overseas Bank
A body corporate under the
Banking Companies (Acquisition
And Transfer of Undertaking) Act, 1970
Having its central office at
763, Anna Salai, Chennai - 600 002.
And its branch office at
'Harikripa', 26-A, S.V.Road
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
4/9
Santacruz (W), Mumbai-400 054.
9. Punjab & Sind Bank
A body Corporate under
Banking Companies (Acquisition and
Transfer of undertaking) Act, 1980
Having its Head Office at 21
Rajendra Place, New Delhi - 110 008
And having amongst others
A branch office at J.K.Somani Building
British Hotel Lane, Fort, Mumbai - 400 023.
10. Punjab National Bank
A body Corporate under the
Banking Companies
(Acquisition and Transfer of
Undertaking) Act, 1970 (5 of 1970)
Having its head office at 7
Bhikaji Cama Place
New Delhi - 110 607
Acting through its Large
Corporate Branch at
Centenary Building, 28,
M.G.Road, Bengaluru - 560 001.
11. State Bank of Mysore
A body Corporate Constituted
Under the State Bank of India
(Subsidiary Banks) Act, 1959
Having its head office at
Kempe Gowda Road
Bengaluru - 560 009
And its Corporate Accounts Branch
At No.18, Ramanashree Arcade
M.G.Road, Bengaluru - 560 001
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
5/9
12. UCO Bank
A body Corporate Constituted
Under the Banking Companies
(Acquisition and Transfer of
Undertakings) Act, 1970 and having
its head office at 10
BTM Sarani, Kolkata - 700 001
West Bengal, India
And its Branch office at
1st Floor, 13/22, K.G.Road
Bengaluru - 560 009.
13. United Bank of India
A body Corporate under the
Banking Companies (Acquisition and
Transfer of undertakings) Act, 1970
(5 of 1970) having its head office at
11, Hemanta Basu Sarani
Kolkata - 700 001
Acting through its branch office
At 40, K.G.Road, Bengaluru - 560 009.
14. J.M. Financial Asset
Reconstruction Co. Pvt. Ltd.
Having its registered office at
7th Floor, Cnergy
Appasaheb, Marathe Marg
Prabhadevi, Mumbai - 400 025
(Inserted as per Order dated 26.08.2015)
Petitioner Nos.2 to 14 Represented by:
Mr. Debasish Bhattacharjee
Age 54 years
S/o. Late Sukumar
Assistant General Manager &
Case Lead Officer-6
State Bank of India, having its
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
6/9
Stressed Asset Management
Branch, 2nd Floor
Office Complex Building
Local Head Office Compound
#65, St. Marks Road,
Bengaluru-560001.
...Petitioners
(By Mr. S. S. Naganand, Sr. Counsel for
Mr. Shrikara P.K., Advocate)
And:
1. Assistant Commissioner of Service Tax
Division III, having office at 2nd Floor
Madhu Industrial Estate
PB Marg, Worli, Mumbai-400 013.
2. Deputy Commissioner of Service Tax
Having office at 2nd Floor
Madhu Industrial Estate, PB Marg
Worli, Mumbai-400 013.
3. Additional Commissioner of Service Tax
2nd Floor, Mahu Industrial Estate
Worli, Mumbai-400013.
4. Commissioner of Service Tax
16/1, Service Tax Commissionerate
SP Complex Lalbah Raod
Bengaluru-560027.
5. Union of India
Department of Revenue
Ministry of Finance
Government of India
New Delhi - 110 001.
6. Kingfisher Airlines Limited
A public limited company
Incorporated under the
Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017
SBICAP Trustee Company Ltd. & Others. Vs.
Assistant Commissioner of Service Tax & Others.
7/9
Companies Act, 1956 &
Having its registered office at
UB Tower, Level 12
UB City, 24, Vittal Mallya Road
Bengaluru - 560 001.
7. MESCO Aero Space Ltd.,
D-12, Freedom Fighters Enclave
Neb Sarai, New Delhi-110068
Rep. by its Chief Operate Officer
M.R. Manoj Pande.
...Respondents
(By Mr. Jeevan J. Neeralgi, Advocate for R1 to R5)
****
These Review Petitions are filed under Section 114
R/W Order XLVII Rule 1 of the Code of Civil Procedure,
1908, praying to review the order dated 06/07/2017 passed
in W.P.Nos.19727/2014 & W.P.Nos.30777-30789/2014 (T-
IT), on the file of the Hon'ble High Court of Karnataka,
Bengaluru & etc.,
These Review Petitions coming on for Admission this
day, the Court made the following:-
ORDER
Mr. S.S.Naganand, Sr. Counsel for Mr. Shrikara P.K., Adv. for Petitioners Mr. K.V.Aravind, Adv. for Respondents.
1. The learned counsels at the Bar fairly submitted that the issue involved in these Writ Petitions which were disposed of by the order dated 06/07/2017 Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017 SBICAP Trustee Company Ltd. & Others. Vs. Assistant Commissioner of Service Tax & Others. 8/9 was really between the Secured Creditors, SBICAP Trustee Company Ltd., etc., the present Review Petitioners before the Court and the issue involved was relating to the Service Tax Liability and Income Tax Liability as to whether the Income Tax liability and Service Tax Liability of the Company ordered to be wound up on 18/11/2016 namely, Kingfisher Airlines Limited (KFAL) would take precedence over the Secured Creditors, the present petitioners or not, since the Secured Creditors were standing out of the liquidation.
2. In view of this, the order passed by this Court dated 06/07/2017, dismissing these writ petitions as not surviving for consideration in view of the winding up order passed by this Court in respect of Kingfisher Airlines Limited (KFAL) on 18/11/2016 deserves to be recalled and the present Writ Petitions deserve to be decided on their own merits.
3. The said order dated 06/07/2017 dismissing the Writ Petition No.19727/2014 & 30777-30789/2014 Date of Order 16-10-2017 R.P.Nos.373/2017 & 479-491/2017 SBICAP Trustee Company Ltd. & Others. Vs. Assistant Commissioner of Service Tax & Others. 9/9 (SBICAP Trustee Company Limited and others Vs. Tax Recovery Officer and others) is accordingly recalled.
3. The said Writ Petitions are restored to their original Numbers and position.
4. The learned counsel for the review petitioners prays for hearing of the said Writ Petitions after a period of four weeks.
5. Post the said Writ Petitions after four weeks, as prayed.
6. Accordingly, the present Review Petitions stand disposed of.
Sd/-
JUDGE BMV*