TMI Blog2012 (12) TMI 276X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - CO.A(SB) 22/2008 - - - Dated:- 22-11-2012 - MS. INDERMEET KAUR J. Appellant: Ms. Indrani Mukherjee, Adv. for IARC (assignee of SCB) Respondent: Mr. Mayank Goel, Adv. for the Official Liquidator. Mr. Jaswinder Singh, Adv. for Central Bank of India. INDERMEET KAUR, J. (Oral) 1 This appeal has been directed against the order of the Official Liquidator wherein the present appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... replaced with M.P. Vat Act of 2002; Section 33 has been highlighted. Section 33 also speaks of the provisions of this Act being subject to the provisions of Section 530 of the Companies Act. At this stage, learned counsel for the appellant has filed on record a Notification dated 06.08.2011; submission being that in Section 33 of the Act of 2002, the words subject to the provisions of Section 530 of the Companies Act stand deleted. Submission being qualified by the argument that the provisions of M.P. Vat Act, 2002 clearly envisages the liability of tax to be the first charge and which is not subject to any other provision; as such, the Official Liquidator ranking the appellant in the category of a preferential creditor has committed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r a State or a local authority of revenue taxes, cesses etc.. Section 530 (1)(a) of the Companies Act reads as under:- (1) In a winding up [subject to the provisions of section 529A, there shall be paid] in priority to all other debts (a) all revenues taxes, cesses and rates due from the company to the Central or a State Government or to a local authority at the relevant date as defined in clause (c) of sub-section (8), and having become due and payable within the twelve months next before that date; 8. Tax liability of the company falls within Section 530 (1)(a). Section 530 is subject to the provisions of Section 529-A and as such the said dues as contained in Section 530 (1)(a) are to be paid subject to the provisions of Sect ..... X X X X Extracts X X X X X X X X Extracts X X X X
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