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    <title>2018 (10) TMI 1884 - BOMBAY HIGH COURT</title>
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    <description>Section 26E of the SARFAESI Act was treated as giving a secured creditor prima facie priority over State sales tax dues and the MVAT Act&#039;s first charge, because the security interest had been created earlier and the State charging provision yields to the Central statute. The Bombay HC also held that the registering authority was not justified in refusing to register a sale certificate merely because of a sales tax attachment or the absence of an NOC, as no express legal prohibition was shown. Interim protection was granted by directing presentation and adjudication of the sale certificate, while rival claims over the secured assets were left for later determination.</description>
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    <pubDate>Mon, 29 Oct 2018 00:00:00 +0530</pubDate>
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      <title>2018 (10) TMI 1884 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=293717</link>
      <description>Section 26E of the SARFAESI Act was treated as giving a secured creditor prima facie priority over State sales tax dues and the MVAT Act&#039;s first charge, because the security interest had been created earlier and the State charging provision yields to the Central statute. The Bombay HC also held that the registering authority was not justified in refusing to register a sale certificate merely because of a sales tax attachment or the absence of an NOC, as no express legal prohibition was shown. Interim protection was granted by directing presentation and adjudication of the sale certificate, while rival claims over the secured assets were left for later determination.</description>
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      <pubDate>Mon, 29 Oct 2018 00:00:00 +0530</pubDate>
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