Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2017 (4) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (4) TMI 1498 - HC - VAT and Sales TaxAuction - recovery of dues - priority of charges over the property - whether the bank is having first charge over the property in question? - It was argued by the learned Government Advocate that the proceeding for attachment had been made prior to coming into force of Section 31B - effect of amended provision of Section 31-B of Enforcement of Security Interest and Recovery of Debts Laws and Miscellaneous Provisions (Amendment) Act, 2016, which came into force on 16.8.2016 - HELD THAT:- In absence of any vested right in any one, the attachment proceeding has necessarily to be dealt with according to Section 31B in force on the date of disposal of attachment proceedings, we are unable to accept the submission of the learned Government Advocate that the proceeding for attachment and attachment order passed in the matter was prior to the date of amendment dated 16.8.2016 and should be dealt with as per amended provisions. The 1993 Act is a special one and would prevail over 1994 Act. The learned writ court has rightly held that the bank shall have preference over others - Appeal dismissed.
|