LawDistill
Supreme Court of India

COMMISSIONER OF INCOME TAX-I, KOLHAPUR vs M/S CHAPHALKAR BROTHERS PUNE on 7 December, 2017

Cites 0 provisionsCites 0 judgmentsCited by 0
2017 INSC 1198ReportableC.A. No.-006513-006514 - 2012Official PDFAuthor Rohinton Fali NarimanBench Rohinton Fali Nariman, Navin SinhaAdvocates B. V. BALARAM DAS | RUSTOM B. HATHIKHANAWALA
REPORTABLE
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NOS. 6513-6514 OF 2012
COMMISSIONER OF INCOME-TAX-I, KOLHAPUR ... Appellant(s)
Versus
M/S. CHAPHALKAR BROTHERS PUNE ... Respondent(s)
WITH
CIVIL APPEAL NOS. 6511 OF 2012, 6512 OF 2012, 3362 of 2015, 10803
of 2013, 3500 of 2016, 4650 of 2016, 9320 of 2017, 11203 of 2017,
11204 of 2017 12442 of 2017, 15565 of 2017 and Civil Appeal
No.21853 of 2017 @ SLP(C) NO. 6010 of 2014
J U D G M E N T

Leave granted.

The present appeals arise from a batch of judgments

dealing with cases which come from Maharashtra and West

Bengal. Insofar as the civil appeals relating to

Digitally signed by Maharashtra are concerned, the subsidy scheme of theSHASHI SAREEN

entertainment duty in Multiplex Theatre Complexes newly

set up, for a period of three years, and thereafter

payment of entertainment duty @ 25% for the subsequent

two years. The object of introducing the necessary

amendments in the Bombay Entertainments Duty Act to

effectuate the aforesaid subsidy scheme was first done

by way of an ordinance before 4th December, 2001, which

ultimately became part of an Amendment Act. The

statement of objects and reasons for introducing the

aforesaid scheme reads as follows:

“1. As a result of the onslaught of Cable

Television and advancement in the field of

Information Technology, the average occupancy in

cinema theatres has fallen considerably and

hardly any new theatres have been started in the

recent past. Public at large these days prefer

to see movies at home. Keeping in view this

scenario, a concept of Complete Family

Entertainment Centre, more popularly known as

“Multiplex Theatre Complex” has emerged. These

Multiplex Theatre Complexes offer various

entertainment facilities for the entire family

under a single roof. However, these complexes

are highly capital intensive, their gestation

period is also quite long, and therefore, need

Government support and incentive in entertainment

duty.

2. Government has, therefore, with a view to

commemorate birth centenary of Chitrapati late

Shri V.Shantaram, decided to grant concession in

entertainment duty to Multiplex Theatre Complexes

to promote construction of new cinema houses in

the State.

3. In accordance with the above decision,

Bombay Entertainments Duty Act, 1923 was modified

as required and Bombay Entertainment Duty

(Revised) Act, 2001 (Government Order:

ENT-1099/C.R.765/T-1) was brought into force on

17th August, 2001.”

The said scheme was thereafter set out in the form

of an amendment to the Statute contained in Section

3(13) sub-clause (c) after which a new sub-clause f(1)

was set out which reads as follows:

“(f-1)“Multiplex Theatre Complex” means an

entertainment cum-cultural centre which

provides-

(i) within the limits of Municipal Corporation

of Brihan Mumbai not less than four theatres

in a complex with minimum total seating

capacity of 1,250; and

(ii) any where else in the State, not less

than three theatres in a complex with

minimum total seating capacity of 1,000.

And such other incidental and connected

matters and facilities, and multi entertainment

activities and other facilities as specified by

Government in this behalf, by Notification in

the official Gazette;”

In addition, a new sub-clause (13) was also

inserted after Section 3 which reads as follows:

“13) (a) Notwithstanding anything contained

in any other provisions of this Act, but

subject to the terms and conditions specified

in clause (b), on and with effect from the date

of coming into force of the Bombay

Entertainments Duty (Amendment) Act, 2001,

there shall be levied and collected by the

State Government from the proprietor of a

Multiplex Theatre Complex the duty in respect

of any such complex as follows,namely:-

(i) for the first three years from the date of

commencement of the Multiplex Theatre complex,

no duty.

(ii) for the subsequent two years, at the rate

of twenty five percent of the rate of duty

leviable under clause (b) and clause (c) of

sub-section (1) or, as the case may be, sub

section (3);

(iii) from the sixth year, full amount of duty

leviable at the rate specified in clause (b) and

clause (c) of sub-section (1) or, as the case

may be sub-Section (3).

Provided that, the duty leviable shall also be

subject to the provisions of sub-section (2),

wherever applicable

Explanation-For the purpose of this sub-section:

(i) the date on which the Multiplex Theatre

complex is opened to the public for admission

shall be deemed to be the date of commencement of

the Multiplex Theatre Complex;

(ii) the change in the management of Multiplex

Theatre Complex, or the change in the name of the

complex shall not be construed as a fresh

commencement of the Multiplex Theatre Compex.

(b) The concession in duty as provided under

clause (a) shall be available to the proprietor of

the Multiplex Theatre Complex subject to following

terms and conditions, namely;-

(i) The proprietor shall not charge less payment

for admission than the prevailing highest rate

for admission at any given time, in any of the

cinema theatres in the District in which the

complex is situated, till the period of

concession under clause (a) is over;

(ii) one theatre in the complex shall be reserved

for a total period of not less than one month, in

a year, exclusively for Marathi Cinemas;

(iii) the proprietor of a complex shall not levy

the service charge, till the period of concession

under clause (a) is over. After the concession

period is over, the proprietor may levy service

charges as specified in the second proviso to

clause (b) of section 2;

(iv) the Multiplex Theatre Complex shall be

continued continuously for ten years;

(v) no facilities provided in the complex as

specified in the notification issued under clause

(I-a) of Section 2, shall be discontinued or

curtailed, without prior permission of the

Government.

(c) In case of violation of the condition (iv) or

(v) of clause (b), the concession shall be liable

to be withdrawn and the duty shall be levied and

collected from the date of commencement at the

Multiplex Theatre Complex, at the rate specified

in clause (b) and clause (c) of sub-section (1)

or, as the case may be, sub-section (3), along

with the interest leviable at the rate specified

in section 9B.

(d) If any existing cinema theatre is converted

into Multiplex Theatre Complex, by not reducing

its original seating capacity and by complying

with the provisions of clause (f-a) of section 2,

the converted theatre shall also be entitled to

concession in the duty as specified in clause

(a), subject to the terms and conditions

specified in clause (b).”

To take the facts of one of the matters before us,

namely, Civil Appeal Nos. 6513-6514 of 2012, the

assessment order in that case (dated 21.01.2006) found

that the aforesaid scheme was really to support the

on-going activities of the multiplex and not for its

construction. Since the scheme took the form of a

charge on the gross value of the ticket and contributed

towards the day to-day running expenses, the Assessment

Officer held that it was in the nature of a revenue

receipt.

The appeal filed before the Commissioner met with

the same fate and was dismissed substantially on the

same reasoning.

However, the Income-Tax Appellate Tribunal by its

judgment dated 30.06.2009, went into the matter in some

detail, and after setting out the object of the

aforesaid scheme went on to hold as follows:

“9.2 One aspect of the scheme in question is

undisputed; after considering the clauses of

the scheme, that the scheme do not provide any

assistance for reimbursement of day to day

revenue expenditure but the scheme is meant to

build up and to promote new multiplex cinema

halls which are nothing but for the

construction purpose hence reimbursement is to

cover-up the capital expenditure.

10. In the light of the above discussion, we

can therefore summarize our conclusion that

broadly speaking the subsidy can be of two

types:

(i) for the purpose of helping the growth

of an industry;

(ii) For the purpose of supplementing the profits of an industry.

10.1 To ascertain whether in a particular

case the subsidy in question fall under the

category (I) or (ii) one has to carefully

examine the form as well as substance of the

impugned scheme. We have done that exercise,

and on close examination undisputedly it was

noticed that the scheme in question had fallen

in the first category i.e. for the purpose of

helping the growth of an industry. Though

the collection was in the form of an

entertainment Duty via sale of tickets for a

limited period but its utilization was

predetermined and granted with an assurance to

cover up the cost of construction. Once it is

demonstrated before us that too undisputedly

that it was not attributed in any manner

towards supplementing of day-to-day

expenditure or in the furtherance of the

profits than it cannot be said to be in the

character of a revenue receipt. Contrary to

this it was in the nature of a capital receipt

being an incentive to supplement the

construction expenditure of new set up of

Multiplexes hence in the nature of capital

receipt. To arrive at this conclusion we draw

support from a plethora of decisions, few of

them already cited above. With the result we

decide the ground in favour of the assessee.”

The appeal before the High Court was dismissed.

The High Court's judgment dated 08.06.2011 referred to

two Supreme Court judgments, namely, Sahney Steel &

Press Works Ltd., Hyderabad Vs. Commissioner of

Income-Tax, A.P.-I, Hyderabad 1997 (7) SCC 765 and

Commissioner of Income Tax, Madras Vs. Ponni Sugars and

Chemicals Limited 2008 (9) SCC 337 and after discussing

these judgments, held:

“Since the object of subsidy was to promote

construction of multiplex theatre complexes,

in our opinion, receipt of subsidy would be on

capital account. The fact that the subsidy

was not meant for repaying the loan taken for

construction of multiplexes cannot be a ground

to hold that subsidy receipt was on revenue

account, because, if the object of the scheme

was to promote cinema houses by constructing

multiplex theatres, then irrespective of the

fact that the multiplexes have been

constructed out of own funds or borrowed

funds, the receipt of subsidy would be on

capital account. In the light of the

aforesaid objects of the Scheme framed by the

State Government, the decision of the Income

Tax Appellate Tribunal that the amount of

subsidy received by the assessee is on capital

account cannot be faulted. Accordingly, both

the appeals are dismissed with no order as to

costs”

Shri P.S.Narasimha, learned ASG appearing on behalf

of the Revenue, assails the judgment passed by the High

Court. According to him, there may be no doubt that the

large object said to be achieved in the grant of subsidy

by way of complete and then partial roll back of

entertainment duty may be in the nature of subsidy

relating to complexes which are highly capital intensive

and require Government support. But according to him,

the fact that the subsidy kicks in only after the

multiplexes started functioning and issued tickets on

which entertainment duty is then waived, would show that

in reality what has already been set up is not the

immediate object of the subsidy but that it is really

in the nature of a helping hand for running of the day

to-day business of the multiplexes. He relied heavily

upon the judgment in Sahney Steel (supra) to buttress

his submission and stated that on facts, this was a case

similar to Sahney Steel. On the other hand, he

distinguished the judgment in Ponni Sugars (supra)

stating that on the facts of that case, in paragraph 10,

in particular, it was very clearly held that the benefit

of the scheme had to be utilised only for re-payment of

loan. Therefore, it was obviously capital in nature,

and not revenue.

On the other hand, Shri Jahangir Mistry, learned

senior counsel appearing for the respondents, and Shri

S.Ganesh, learned senior counsel appearing for some of

the respondents, have argued that if Sahney Steel is to

be read in its entirety, the judgment on facts supports

the proposition that it is only the purpose of the

scheme that is the test for finding out whether the

scheme is, in fact, capital or revenue in nature. The

source of funds for the scheme and the form of the

scheme are irrelevant and if it is clear that the

purpose is in order that capital expenses be met out of

the subsidy granted in the scheme, then the object of

the scheme points to receipt of funds being capital in

nature. They both stressed the fact that the statement

of object and reasons specifically state that

multiplexes are truly capital intensive, their period is

long and, therefore, they need government support.

They also relied upon the statement that the grant of

concession to such multiplexes was to promote

construction of new cinema houses in the State.

Having heard learned counsel for both sides, it

becomes necessary to analyze the judgments relied upon.

In Sahney Steel (supra), the notification issued by

the Andhra Pradesh Government was concerned with certain

facilities and incentives which were to be given to all

new industrial undertakings which commenced production

on or after 01.01.1969 with investment capital not

exceeding Rs. 5 crores. The incentives were to be

allowed for a period of five years from the date of

commencement of production. Concession was also

available for subsequent expansion of 50% and above.

The incentives were in the form of, inter alia, refund

of sale tax on raw materials, machinery and finished

goods. This Court held, on the facts of that case, that

as no financial assistance was granted to the assessee

for setting up of the industry, the idea of the subsidy

scheme was to provide a helping hand for five years in

order to enable the industry to be viable and competent.

In doing this, in paragraph 9 of the said judgment, the

test stated by Viscount Simon in Pontypridd and Rhondda

Joint Water Board v. Ostime (1946) 1 ALL ER 668 was

referred to. In paragraph 10, the Court went on to

apply the aforesaid test and stated that, since funds

were made available to the assessee to assist it in

carrying on its trade and business, there can be little

doubt that the object “of various assistances under the

subsidy scheme was to enable the assessee to run the

business more profitably”.

The judgment of the House of Lords in Seaham

Harbour Dock Co. Vs. Crook, 16 TC 333 was then referred

to and distinguished. What is important for our purpose

is the fact that in para 18 of that judgment, the test

of whether the receipt of subsidy is capital or revenue

is stated as follows:-

“If any subsidy is given, the character of the

subsidy in the hands of the recipient - whether

revenue or capital - will have to be determined by

having regard to the purpose for which the subsidy

is given. If it is given by way of assistance to

the assessee in carrying on of his trade or

business, it has to be treated as a trading

receipt. The source of the fund is quite

immaterial.”

The Court went on, thereafter, to give a telling example

in para 19 of the aforesaid judgment, which is set out

herein below:-

“For example, if the scheme was that the

assessee will be given refund of sales tax on

purchase of machinery as well as on raw

materials to enable the assessee to acquire new

plants and machinery for further expansion of

its manufacturing capacity in a backward area,

the entire subsidy must be held to be a capital

receipt in the hands of the assessee. It will

not be open to the Revenue to contend that the

refund of sales tax paid on raw materials or

finished products must be treated as revenue

receipt in the hands of the assessee. In both

the cases, the Government is paying out of

public funds to the assessee for a definite

purpose. If the purpose is to help the assessee

to set up its business or complete a project as

in Seaham Harbour Dock Co. case, the monies must

be treated as to have been received for capital

purpose. But if monies are given to the

assessee for assisting him in carrying out the

business operation and the money is given only

after and conditional upon commencement of

production, such subsidies must be treated as

assistance for the purpose of the trade.”

Thereafter, the Court went on to discuss certain

High Court judgments and, in para 30, specifically

referred to the Bombay High Court judgment in Sadichha

Chitra's case (1991) 189 ITR 774 and approved the view

taken by the Bombay and Kerala High Courts as they

accorded with the principle laid down in Seaham Harbour

Dock Co. case. The facts in Sahney steel were

distinguished from the facts of the Bombay and Kerala

judgments as follows:-

“In the case before us, subsidies have not been

granted for production of or bringing into

existence any new asset. The subsidies were

granted year after year only after setting up of

the new industry and commencement of production.

Such a subsidy could only be treated as assistance

given for the purpose of carrying on of the

business of the assessee. Applying the test of

Viscount Simon in the case of Ostime it must be

held that these subsidies are of revenue character

and will have to be taxed accordingly.

The next important judgment that was referred

to is the judgment in Ponni Sugars & Chemicals Limited

(supra). On the facts in that case, incentives given

under a scheme relating to sugar production were in the

nature of a higher free sale sugar quota, and also

allowing the manufacturer to collect excise duty on the

sale price of free sale sugar in excess of the normal

quota but to pay to the government only the excise duty

payable on the price of levy sugar. Clause 7 of the

aforesaid scheme was set out in para 3 of the judgment as

follows:-

“The beneficiaries of the incentive scheme

shall ensure that the surplus funds generated

through sale of the incentive sugar are

utilised for the repayment of term loans, if

any, outstanding from the Central financial

institutions. The sugar factories should

submit utilisation certificates annually from

Chartered/Cost Accountant, holding certificate

of practice. Utilisation certificate in

respect of each sugar season during the

incentive period should be furnished on or

before 31st December of the succeeding year.

Failure to submit utilisation certificate

within the stipulated time may result not only

in the termination of release of incentive free

sale quota, but also in the recovery of the

incentive free sale releases already made, by

resorting to adjustment from the free sale

releases of future years.”

The Court then referred to the background of the

incentive scheme and to the fact that the Sampat

Committee was set up to examine the question relating to

the economic viability of new sugar factories. The

Court then found in para 9 of the judgment that the

Sampat Committee referred to the fact that the increase

in the cost of new sugar factories was because of

increase in the cost of plant and machinery. The

Committee then stated that five possible incentives for

making a sugar plant economically viable could be

provided. It is two of such incentives referred to that

was the subject-matter for decision before this Court.

In Para 10 this Court found:

“We have examined in this case the 1980 and 1987

Schemes. Essentially all the four Schemes are

similar except in the matter of details. Four

factors exist in the said Schemes, which are as

follows:

(i) Benefit of the incentive subsidy was

available only to new units and to substantially

expanded units, not to supplement the trade

receipts.

(ii) The minimum investment specified was Rs. 4

crores for new units and Rs. 2 crores for

expansion units.

(ii) Increase in the free sale sugar quota

depended upon increase in the production capacity.

In other words, the extent of the increase of free

sale sugar quota depended upon the increase in the

production capacity.

(iv) The benefit of the Scheme had to be utilised

only for repayment of term loans.”

After discussing the judgment in Sahney Steel case,

this Court then held:

“The importance of the judgment of this Court in

Sahney Steel case lies in the fact that it has

discussed and analysed the entire case law and it

has laid down the basic test to the applied in

judging the character of a subsidy. The test is

that the character of the receipt in the hands of

the assessee has to be determined with respect to

the purpose for which the subsidy is given. In

other words, in such cases, one has to apply the

purpose test. The point of time at which the

subsidy is paid is not relevant. The source is

immaterial. The form of subsidy is immaterial.

The main eligibility condition in the Scheme with

which we are concerned in this case is that the

incentive must be utilised for repayment of loans

taken by the assessee to set up new units or for

substantial expansion of existing units. On this

aspect there is no dispute. If the object of the

Subsidy Scheme was to enable the assessee to run

the business more profitably then the receipt is

on revenue account. On the other hand, if the

object of the assistance under the Subsidy Scheme

was to enable the assessee to set up a new unit

or to expand the existing unit then the receipt

of the subsidy was on capital account.

Therefore, it is the object for which the

subsidy/assistance is given which determines the

nature of the incentive subsidy. The form of the

mechanism through which the subsidy is given is

irrelevant.”

Sahney Steel was distinguished, in para 16 by then

stating that this Court found that the assessee was free

to use the money in its business entirely as it liked.

Finally, it was found that, applying the test of

purpose, the Court was satisfied that the payment

received by the assessee under the scheme was not in the

nature of a helping hand to the trade but was capital in

nature.

What is important from the ratio of this judgment is

the fact that Sahney Steel was followed and the test laid

down was the “purpose test”. It was specifically held

that the point of time at which the subsidy is paid is

not relevant; the source of the subsidy is immaterial;

the form of subsidy is equally immaterial.

Applying the aforesaid test contained in both Sahney

Steel as well as Ponni Sugar, we are of the view that the

object, as stated in the statement of objects and

reasons, of the amendment ordinance was that since the

average occupancy in cinema theatres has fallen

considerably and hardly any new theatres have been

started in the recent past, the concept of a Complete

Family Entertainment Centre, more popularly known as

Multiplex Theatre Complex, has emerged. These complexes

offer various entertainment facilities for the entire

family as a whole. It was noticed that these complexes

are highly capital intensive and their gestation period

is quite long and therefore, they need Government support

in the form of incentives qua entertainment duty. It was

also added that government with a view to commemorate the

birth centenary of late Shri V. Shantaram decided to

grant concession in entertainment duty to Multiplex

Theatre Complexes to promote construction of new cinema

houses in the State. The aforesaid object is clear and

unequivocal. The object of the grant of the subsidy was

in order that persons come forward to construct Multiplex

Theatre Complexes, the idea being that exemption from

entertainment duty for a period of three years and

partial remission for a period of two years should go

towards helping the industry to set up such highly

capital intensive entertainment centers. This being the

case, it is difficult to accept Mr. Narasimha's argument

that it is only the immediate object and not the larger

object which must be kept in mind in that the subsidy

scheme kicks in only post construction, that is when

cinema tickets are actually sold. We hasten to add that

the object of the scheme is only one -there is no larger

or immediate object. That the object is carried out in

a particular manner is irrelevant, as has been held in

both Ponni Sugar and Sahney Steel.

Mr. Ganesh, learned Senior Counsel, also sought to

rely upon a judgment of the Jammu and Kashmir High Court

in Shri Balaji Alloys vs. C.I.T. (2011) 333 I.T.R. 335.

While considering the scheme of refund of excise duty and

interest subsidy in that case, it was held that the

scheme was capital in nature, despite the fact that the

incentives were not available unless and until commercial

production has started, and that the incentives in the

form of excise duty or interest subsidy were not given to

the assessee expressly for the purpose of purchasing

capital assets or for the purpose of purchasing

machinery.

After setting out both the Supreme Court judgments

referred to hereinabove, the High Court found that the

concessions were issued in order to achieve the twin

objects of acceleration of industrial development in the

State of Jammu and Kashmir and generation of employment

in the said State. Thus considered, it was obvious that

the incentives would have to be held capital and not

revenue. Mr. Ganesh, learned Senior Counsel, pointed out

that by an order dated 19.04.2016, this Court stated that

the issue raised in those appeals was covered, inter

alia, by the judgment in Ponni Sugars, and the appeals

were, therefore, dismissed.

We have no hesitation in holding that the finding of

the Jammu and Kashmir High Court on the facts of the

incentive subsidy contained in that case is absolutely

correct. In that once the object of the subsidy was to

industrialize the State and to generate employment in the

State, the fact that the subsidy took a particular form

and the fact that it was granted only after commencement

of production would make no difference.

In coming to the West Bengal cases, we find that the

West Bengal Finance Act, 2003 which amended the Bengal

Amusements Tax Act of 1922 also provided:

The Bengal Amusements Tax Act, 1922.

The provision seeks to provide, in order

to encourage development of multiplex theatre

complex, a very modern and highly

capital-intensive entertainment centre,

financial assistance to the proprietors of

such complex by allowing them to retain, by

way of subsidy, the amount of entertainment

tax collected against the value of ticket for

admission to such multiplex theatre complex

for a period not exceeding four years;

Since the subsidy scheme in the West Bengal case is

similar to the scheme in the Maharashtra case being to

encourage development of Multiplex Theatre Complexes

which are capital intensive in nature, and since the

subsidy scheme in that case is also similar to the

Maharashtra cases, in that the amount of entertainment

tax collected was to be retained by the new Multiplex

Theatre Complexes for a period not exceeding four years,

we are of the view that West Bengal cases must follow the

judgment that has been just delivered in the Maharashtra

case.

Accordingly, the appeals filed by the Department are

dismissed.

New Delhi, Dated: 7th December, 2017.

Civil Appeal No(s). 6513-6514/2012

COMMISSIONER OF INCOME TAX-I, KOLHAPUR Appellant(s)

VERSUS

M/S CHAPHALKAR BROTHERS PUNE Respondent(s) (AT TOP )

WITH

SLP(C) No. 6010/2014 (IX) ((As per court order dated 24.02.2014 "tag with civil appeal nos. 6513-14 of 2012.))

C.A. No. 6511/2012 (IX)

C.A. No. 6512/2012 (IX)

(Diary No. 15595/2017 arising out relied upon judgment is similar to present case)

(IA No.62911/2017-CONDONATION OF DELAY IN FILING and IA No.62918/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

(FOR ADMISSION and I.R. and IA No.78519/2017-CONDONATION OF DELAY IN FILING)

( IA No.88275/2017-CONDONATION OF DELAY IN FILING and IA No.88282/2017-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)

Date : 07-12-2017 These appeals were called on for hearing today.

CORAM :

For Appellant(s) Mr. P.S.Narasimha, ASG,

Mr. K.Radhakrishnan, Sr. Adv.

Mr. Zoheb Hossain, Adv.

Mr. Arijit Prasad, Adv.

Mr. Manish Pushkarna, Adv.

Mrs. Anil Katiyar, AOR

Mr. B. V. Balaram Das, AOR

For Respondent(s) Mr. S.Ganesh, Sr. Adv.

MS. Vanita Bhargava, Adv.

Mr. Ajay Bhargava, Adv.

Mr. Rony O.John, Adv.

Mr. Abhisaar Bairagi, Adv.

M/S. Khaitan & Co., AOR

Mr. Jahangir Mistry, Sr. Adv.

Ms. Vanita Bhargava, Adv.

Mr. Ajay Bhargava, Adv.

Mr. Rony O.John, Adv.

Mr. Abhisaar Bairagi, Adv.

Ms. Shweta Kabra, Adv.

M/s. Khaitan & CO.

Mr. Jahangir Mistry, Sr. Adv.

Mr. Suhas Deshpande, Adv.

Mr. Rustom B. Hathikhanawala, AOR

Mr. R.P.Bhatt, Sr. Adv.

Mr. Santosh Krishnan, Adv.

Mr. Yadunandan Bansal, Adv.

Mr. Abhijat P. Medh, AOR

Mr. K.V.Vishwanathan, Sr. Adv.

Ms. Amrita Panda, Adv.

Mr. Debesh Panda, Adv.

Mr. R.P.Bhatt, Sr. Adv.

Mr. Santosh Krishnan, AOR

Mr. Rituraj Gupta, Adv.

MR. Divyam Agarwal, Adv.

Mr. Dhananjay Garg, AOR

Mr. Ramesh Singh, Adv.

Mr. Nikhil Goel, AOR

Mr. Ashutosh Ghade, Adv.

Mr. Annirudh Deshmukh, Adv.

UPON hearing the counsel the Court made the following

O R D E R

Civil Appeal Nos. 6513-6514 of 2012, 6511 of 2012, 6512

of 2012, 3362 of 2015, 10803 of 2013, 3500 of 2016, 4650 of 2016,

9320 of 2017, 11203 of 2017, 11204 of 2017, 12442 of 2017, 15565 of

2017 and SLP(C) Nos. 6010 of 2014:

Delay condoned, if any.

Leave granted.

The appeals are dismissed in terms of the signed

reportable judgment.

De-tag:

Civil Appeal Nos. 8886 of 2016, 5506 of 2017, 5505 of

2017, 5504 of 2017

SLP(C) Nos. 30728-30732 of 2017:

Taken on Board.

List along with Civil Appeal No. 6228 of 2013

Civil Appeal Nos. 6228 of 2013, 6227 of 2013, 6226 of

2013,8119 of 2013, 10512 of 2013, 8708 of 2013, 10513 of 2013, 9827

of 2017 and 10450 of 2017:

List these matters in the 2nd week of January, 2018.

(Signed reportable judgment is placed on the file)