https://www.taxtmi.com/caselaws?id=335765 A secured creditor's right to realise secured debt from charged assets prevails over Government tax dues under Section 31B of the SARFAESI Act, which gives secured debts priority through a non obstante clause. That priority extends to pending proceedings and defeats claims by the Income Tax Department against property already sold in auction by the secured creditor. On that basis, the tax attachment could not override the secured creditor's enforcement rights or the auction purchaser's title, and the attachment was liable to be set aside. en-us Mon, 28 Nov 2016 00:00:00 +0530 Thu, 08 Dec 2016 15:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=335765 A secured creditor's right to realise secured debt from charged assets prevails over Government tax dues under Section 31B of the SARFAESI Act, which gives secured debts priority through a non obstante clause. That priority extends to pending proceedings and defeats claims by the Income Tax Department against property already sold in auction by the secured creditor. On that basis, the tax attachment could not override the secured creditor's enforcement rights or the auction purchaser's title, and the attachment was liable to be set aside. Case-Laws Income Tax Mon, 28 Nov 2016 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=335765