Back
VAIBHAVI D. NANAVATI
S. Mark Engineering (I) Private Limited – Appellant
Versus
Commissioner Of Sales Tax – Respondent
JUDGMENT :
(Vaibhavi D. Nanavati, J.) :
1. Issue Rule, returnable forthwith. Ms. Pooja K. Ashar, learned AGP waives service of notice of rule for and on behalf of the respondent Nos.1 and 2 and Mr. Bhaskar Sharma, learned advocate waives service of notice of rule for and on behalf of the respondent No.3.
2. Heard Ms. Pragati Bansal, learned advocate appearing for Thakkar and Pahwa Advocates for the petitioner, Ms. Pooja K. Ashar, learned AGP appearing for the respondent Nos.1 and 2, and Mr. Bhaskar Sharma, learned advocate appearing for the respondent No.3.
3. By way of present petition, the petitioner herein seeks to challenge the decision of the respondent No.2 – Mamlatdar dated 15.07.2023 whereby, the respondent No.2 closed the application of the petitioner for removal of attachment over the subject properties from the revenue records by cancelling M.E. No.2258 dated 22.11.2021 and M.E. No.1934 dated 22.10.2020, on the basis of opinion dated 30.05.2023 given by respondent No.1. The petitioner challenges the attachment of sales tax authority on the subject properties on the ground that the petitioner herein is a bonafide purchaser of the subject properties in public auction held by
Secured creditors' debts take precedence over state tax claims, as established by Section 26E of the SARFAESI Act.
Secured creditors' rights under Section 26E of the SARFAESI Act take precedence over state tax claims, confirming the principle of priority for registered interests.
Section 26E of the SARFAESI Act establishes that secured creditors have priority over State revenue claims, reinforcing the enforceability of secured debts post-registration.
Secured creditors have priority over State debts under Section 26E of the SARFAESI Act, 2002, invalidating conflicting State charges on mortgaged assets.
The main legal point established in the judgment is that the charge of the Secured Creditor will precede over the charge of an Unsecured Creditor (Crowns Date) based on the provisions of the SARFAESI....
The provisions of Section 26E of the SARFAESI Act 2002 and Section 31B of the Recovery of Debts and Bankruptcy Act, 1993 create "First Charge" by way of priority in favour of the Banks and Financial ....
Recovery of Income Tax dues of Borrower - Charge of secured creditor would have priority over Government dues under Income Tax Act - No provision in Income Tax Act which provides for any paramountcy ....
Point of law: It would be seen that so far as clause (1) of Article 254 is concerned it clearly lays down that where there is a direct collision between a provision of a law made by the State and tha....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
