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2016 (8) TMI 802 - HC - VAT and Sales TaxIssuance of a writ of certiorari to quash attachment notice – lien over the property to recover tax dues - default in payment of loan amount – sale of property by Debt Recovery Tribunal to petitioner’s vendor and certificate of sale issued in his favor – creation of encumbrance by the department thereafter – Held that: - the property was subject matter of mortgage with the bankers, who were secured creditors and they had brought the property for sale, after long drawn litigation and the petitioner's vendor had purchased the same for valid consideration through the Debts Recovery Tribunal and a certificate of sale was issued in his favour. Therefore, as long as the said certificate of sale has not been cancelled or modified, the Department cannot have any lien over the property – writ petition allowed – impugned order quashed – decided in favor of petitioner.
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