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2012 (12) TMI 276 - HC - VAT and Sales TaxPreferential Creditor vs Secured Creditor - The claim of the appellant is in the sum of ₹ 1,40,60,422/-; they are sale tax, central tax and entry tax dues payable by the company (in liquidation) for its Morena Unit and Gwalior Unit. The appellant is aggrieved by the finding returned by the Official Liquidator that he be ranked as a preferential creditor and not a secured creditor. - held that:- Provisions of Section 529-A of Companies Act (a Central legislation) have to be override the provisions of Sec 53 of the M.P. Commercial Tax Act of 1994 (a State legislation) - tax liability will be subject to the provisions of Sec 530 of the Companies Act subject to the provisions of Section 529-A of the said Act. There appears to be no conflict between the State Act and the Central Act - even if there is a conflict between a State legislation and a Central legislation, the Central legislation must prevail - Appeal has no merit - Dismissed.
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