Retrospective cancellation of charitable registration under section 12AB(4) was unsustainable; related-party benefit allegations did not prove nongenu...
Merger control notice and disclosure rules: Supreme Court limits penalties, rejects reopening of approved combination, and sets aside adverse findings...
Recovery of tax dues - Attachment of assets - dues of MVAT Authorities’ have charge in priority to the secured creditors or not - This judgment reaffirms the supremacy of the SARFAESI Act over state tax claims in matters of secured creditors' rights. It clarifies that secured creditors with interests registered prior in time with CERSAI have priority over the proceeds from the sale of secured assets, irrespective of the claims of the MVAT authorities. The judgment highlights the importance of balancing competing interests to ensure that secured assets can be auctioned without undue interference, thereby safeguarding the rights of secured creditors and ensuring the continued economic utility of assets.
Recovery of tax dues - Attachment of assets - dues of MVAT Authorities’ have charge in priority to the secured creditors or not - This judgment reaffirms the supremacy of the SARFAESI Act over state tax claims in matters of secured creditors' rights. It clarifies that secured creditors with interests registered prior in time with CERSAI have priority over the proceeds from the sale of secured assets, irrespective of the claims of the MVAT authorities. The judgment highlights the importance of balancing competing interests to ensure that secured assets can be auctioned without undue interference, thereby safeguarding the rights of secured creditors and ensuring the continued economic utility of assets.
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