Commissioner Of Income-Tax(Tds)-1 v. M/S. Jet Airways(India) Ltd.

Digitally signed by MEERA MAHESH JADHAV Date:

2021.10.28 12:02:14 +0530 1/2 911.itxa-163-17.doc MEERA MAHESH JADHAV

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 163 OF 2017 Jet Airways (India) Ltd.

....Petitioner V/s.

The Deputy Commissioner of Income Tax 5(2)

...Respondent

WITH INCOME TAX APPEAL NO.832 OF 2017 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 ---- 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. 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, Mr Ashok Kotangale i/b Mr A K Saxena for the Appellant in ITXA /832/2017 and ITXA/2014/2018 Mr Suresh Kumar for the Appellant in ITXA /902/2017 ---- CORAM : K.R. SHRIRAM & AMIT B. BORKAR, JJ DATED : 25th OCTOBER 2021 P.C. :

Mr. Kotangale, who is appearing for appellant in Income Tax Appeal No.832 of 2014 and Income Tax Appeal No.2014 of 2018 states in fairness Meera Jadhav

2/2 911.itxa-163-17.doc 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. Income Tax Appeal No.832 of 2017 and Income Tax Appeal No.2014 of 2018 are disposed as withdrawn with liberty as prayed for. In 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The said appeals are also disposed as withdrawn with liberty as prayed for. As 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. (AMIT B. BORKAR, J) (K.R. SHRIRAM, J.)