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2020 (7) TMI 1 - HC - VAT and Sales TaxBidding of attached Property - priority of charge over the secured assets - Section 26E of the SARFAESI Act - HELD THAT:- The writ application bringing it to the notice of the respondent No.1 i.e. the Commercial Tax Officer (4) – Ahmedabad that the subject property was a secured asset of the respondent No.2 – Bank of India under the SARFAESI Act. Being a secured asset under the provisions of the SARFAESI Act, the respondent No.2 cannot claim preference over the subject property for the purpose of recovery of the dues towards tax. It is not in dispute that the first charge was created in favour of the bank and the bank, in exercise of its powers under the SARFAESI Act, put the subject property to auction. All these developments took place way back in the year 2015. The disputed entry No.16521 came to be mutated on 24th January 2017 for showing the attachment over the subject property. The respondents Nos.3 and 4 are directed to delete the entry No.16521 mutated and certified in the village form No.6 of village : Vejalpur. The respondents Nos.3 and 4 shall act accordingly on the certified copy of this order being produced before them by the writ applicants. For the purpose of recovery of the dues from the erstwhile owner towards VAT, it shall be open for the concerned authority to take appropriate legal steps as available in law. Application allowed.
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