Home Case Index All Cases VAT and Sales Tax VAT and Sales Tax + HC VAT and Sales Tax - 2020 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (12) TMI 1285 - HC - VAT and Sales TaxValidity of attachment order - overriding of charges of the Respondent under Section 48 of the VAT Act - first priority of the bank over the dues vis-a-vis. the Value Added Tax dues under the VAT Act, 2003, which the State Government wants to recover from the assets of the defaulter i.e. the respondent No.3 - HELD THAT:- The issue is nor more res-integra as decided in the case of Kalupur Commercial Coop. Bank Ltd. Vs. State of Gujarat [2019 (9) TMI 1018 - GUJARAT HIGH COURT] where it was held that Thus, the Bank i.e. the writ applicant has the first charge over the secured assets. The State cannot rely upon the Section 48 of the VAT Act for the purpose of seeking precedence over the claim of the Bank. The communication addressed by the respondent No.2 to the Talati of Bhunava Gram Panchayat, Taluka Gondal, Dist. Rajkot, to mutate appropriate charge over the immovable properties of the borrower (the respondent No.3) in the revenue record is not sustainable - Application allowed.
|