TMI Blog2023 (4) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... er res integra and has been settled by the Hon ble Supreme Court in PUNJAB NATIONAL BANK VERSUS UNION OF INDIA ORS. [ 2022 (2) TMI 1171 - SUPREME COURT] where it was held that Commissioner of Customs and Central Excise could not have invoked the powers under Rule 173 Q(2) of the Central Excise Rules, 1944 on 26.03.2007 and 29.03.2007 for confiscation of land, buildings etc., when on such date, the said Rule 173Q(2) was not in the Stature books, having been omitted by a notification dated 12.05.2000. Secondly, the dues of the secured creditor, i.e. the Appellant-bank, will have priority over the dues of the Central Excise Department, as even after insertion of Section 11E in the Central Excise Act, 1944 w.e.f. 08.04.2011, and the provisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s been settled by the Hon ble Supreme Court in Civil Appeal No. 2196 of 2012, titled Punjab National Bank vs. Union of India and others, decided on 24th February, 2022. 4. The relevant portion of the order dated 24th February, 2022 reads as under:- 37. Secondly, coming to the issue of priority of secured creditor s debt over that of the Excise Department, the High court in the impugned judgment has held that In view of the matter, the question of first charge of second charge over the properties would not arise. In this context\, we are of the opinion that the High Court has misinterpreted the issue to state that the question of first charge or second charge over the properties, would not arise. Xxxxxx 43. In view of the abo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e. the Appellant-bank, will have priority over the dues of the Central Excise Department, as even after insertion of Section 11E in the Central Excise Act, 1944 w.e.f. 08.04.2011, and the provisions contained in the SARFAESI Act, 2002 will have an overriding effect on the provisions of the Central Excise Act of 1944. xxxx 5. Learned Additional Advocate General has failed to controvert the factual aspect of the submissions made by learned counsel for the respondents. 6. Since the question involved in the present appeal is no longer res integra and has been settled by the Hon ble Supreme Court in Punjab National Bank s case supra, all the Letters Patent Appeals are dismissed. 7. Pending miscellaneous application(s), if any, shall ..... X X X X Extracts X X X X X X X X Extracts X X X X
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