https://www.taxtmi.com/caselaws?id=411547 Priority between a secured creditor's claim under the SARFAESI framework and the State tax department's claim under the Tamil Nadu Value Added Tax Act turned on disputed facts about the timing and validity of the mortgage, charge, and recovery steps. Section 42(2) gives tax arrears priority, Section 43 protects revenue against transfers or charges created to defeat tax recovery, and Section 26E of SARFAESI and Section 31B of the Recovery of Debts and Bankruptcy Act also confer priority on secured creditors. Because the inter se priority dispute required factual determination, writ jurisdiction under Article 226 was inappropriate and the matter had to be pursued before the statutory appellate authority. en-us Mon, 23 Aug 2021 00:00:00 +0530 Fri, 27 Aug 2021 08:31:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411547 Priority between a secured creditor's claim under the SARFAESI framework and the State tax department's claim under the Tamil Nadu Value Added Tax Act turned on disputed facts about the timing and validity of the mortgage, charge, and recovery steps. Section 42(2) gives tax arrears priority, Section 43 protects revenue against transfers or charges created to defeat tax recovery, and Section 26E of SARFAESI and Section 31B of the Recovery of Debts and Bankruptcy Act also confer priority on secured creditors. Because the inter se priority dispute required factual determination, writ jurisdiction under Article 226 was inappropriate and the matter had to be pursued before the statutory appellate authority. Case-Laws VAT and Sales Tax Mon, 23 Aug 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411547