https://www.taxtmi.com/caselaws?id=411655 A mortgage or transfer created during pending income-tax proceedings may be void against the tax claim under Section 281 of the Income-tax Act, so the bank's asserted priority was not accepted and the Department's attachment was left undisturbed. Although the Court noted the priority provisions in Section 26E of the SARFAESI Act and Section 31B of the RDDB Act, it held those provisions would not assist if the mortgage itself arose during subsisting tax proceedings. Because the date and effect of the mortgage and the competing claims required factual inquiry, the writ petition was not entertained and the petitioner was relegated to the statutory remedy before the Tax Recovery Officer under Schedule II Rule 11. en-us Mon, 19 Jul 2021 00:00:00 +0530 Tue, 31 Aug 2021 22:16:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=411655 A mortgage or transfer created during pending income-tax proceedings may be void against the tax claim under Section 281 of the Income-tax Act, so the bank's asserted priority was not accepted and the Department's attachment was left undisturbed. Although the Court noted the priority provisions in Section 26E of the SARFAESI Act and Section 31B of the RDDB Act, it held those provisions would not assist if the mortgage itself arose during subsisting tax proceedings. Because the date and effect of the mortgage and the competing claims required factual inquiry, the writ petition was not entertained and the petitioner was relegated to the statutory remedy before the Tax Recovery Officer under Schedule II Rule 11. Case-Laws Companies Law Mon, 19 Jul 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=411655