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IN THE HIGH COURT OF JUDICATURE AT MADRAS
ANITA SUMANTH, G. ARUL MURUGAN
D.K.Sadasivam – Appellant
Versus
Commercial Tax Officer, Commercial Tax Department – Respondent
JUDGMENT :
ANITA SUMANTH, J.
These two Writ Petitions have been filed by an individual, the successful purchaser of the property at S.Nos. 7/10, 7/11 and 13/1 in Sigarahalli Village, Pennagaram Taluk, Dharmapuri District (subject property). The prayer in W.P.No.2061 of 2012 is for a Certiorari calling for and quashing demand notice dated 12.01.2012 issued by the Commercial Taxes Officer, Dharmapuri District/R1, in respect of the subject property.
2. The prayer in W.P.No.2062 of 2012 is for a mandamus forbearing R1 as well as the Assistant Commissioner of the Commercial Taxes Department, Dharmapuri District/R2 from in any way attaching or alienating the subject property. The District Collector is arrayed as R3. The Tamil Nadu Industrial Investment Corporation at Chennai and Dharmapuri is arrayed as R4/R5 (hereinafter referred to either as TIIC or as R4/R5) and one Jayam Food Processing Industries is arrayed as R6 (hereinafter referred to either as R6 or assessee).
3. R3 to R6 are unrepresented before us and we have heard the detailed submissions of Mr.P.Valliappan, learned Senior Counsel appearing for Mr.T.Deeraj, learned counsel for the petitioner and Mr.Nanmaran, learned Special Gover
The financial institution's charge takes precedence over tax claims due to earlier registration, establishing the priority of charges in property disputes.
The court affirmed that earlier registered charges of financial corporations take precedence over later sales tax claims, emphasizing the significance of prior registration dates in determining legal....
The banking institution's lien on fixed deposits for prior credit facilities takes precedence over subsequent tax demands under the Tamil Nadu General Sales Tax Act.
Auction purchasers under the SARFAESI Act cannot be held liable for the previous owner's tax liabilities unless explicitly stated in the sale notice.
A bona fide purchaser without notice of an encumbrance is protected under Section 24-A of the TNGST Act, 1959, reinforcing the importance of constructive notice criteria.
Bank is entitled only for a priority in payment alone, it can never be said to be a charge created over property against statutory charge contained under KGST Act, 1963 and KVAT Act, 2003 or any Cent....
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 ....
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....
Section 26E of the SARFAESI Act establishes that secured creditors have priority over State revenue claims, reinforcing the enforceability of secured debts post-registration.
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