NCLAT dismissed the appeal, upholding the adjudicating...

NCLAT dismissed the appeal, upholding the adjudicating authority's determination that Respondent No.3 possessed a pre-existing statutory charge over the corporate debtor's immovable property by virtue of attachment effected prior to CIRP, thereby constituting a secured creditor under the relevant tax statute read with the IBC. The Tribunal held the attachment created a valid security interest operative before initiation of insolvency proceedings, and that subsequent judicial interpretation of the tax provision applied retrospectively unless expressly limited, rendering the tax authority's treatment as a secured creditor effective from the IBC's commencement. The impugned order was found to be free of infirmity and the appeal was rejected.

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