https://www.taxtmi.com/caselaws?id=297320 A registered security interest under Section 26E of the SARFAESI Act takes priority over a later attachment by the Income-tax Department when the mortgage is created and registered first. Section 281 of the Income-tax Act is only a protective anti-alienation provision; it does not itself create a charge in favour of the Revenue or confer power on the tax authorities to declare title. Any challenge to the validity of a transfer must be pursued before the civil court, while the Tax Recovery Officer remains confined to attachment and recovery under the Second Schedule. On the stated facts, the bank's prior registered mortgage prevailed and the departmental attachment could not stand. en-us Wed, 21 Apr 2021 00:00:00 +0530 Fri, 22 Oct 2021 15:34:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=297320 A registered security interest under Section 26E of the SARFAESI Act takes priority over a later attachment by the Income-tax Department when the mortgage is created and registered first. Section 281 of the Income-tax Act is only a protective anti-alienation provision; it does not itself create a charge in favour of the Revenue or confer power on the tax authorities to declare title. Any challenge to the validity of a transfer must be pursued before the civil court, while the Tax Recovery Officer remains confined to attachment and recovery under the Second Schedule. On the stated facts, the bank's prior registered mortgage prevailed and the departmental attachment could not stand. Case-Laws Income Tax Wed, 21 Apr 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=297320