https://www.taxtmi.com/caselaws?id=416592 Section 26E of the SARFAESI Act was applied to give the secured creditor priority over State tax dues where the mortgage and possession predated crystallisation of the tax liability. Section 48 of the Gujarat VAT Act was treated as operating only when the tax demand becomes finally assessed, due and payable. On the stated facts, the State did not establish a prior, crystallised and enforceable charge superior to the secured creditor's interest, so the State charge could not prevail and was liable to be removed. en-us Thu, 23 Dec 2021 00:00:00 +0530 Sat, 01 Jan 2022 12:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=416592 Section 26E of the SARFAESI Act was applied to give the secured creditor priority over State tax dues where the mortgage and possession predated crystallisation of the tax liability. Section 48 of the Gujarat VAT Act was treated as operating only when the tax demand becomes finally assessed, due and payable. On the stated facts, the State did not establish a prior, crystallised and enforceable charge superior to the secured creditor's interest, so the State charge could not prevail and was liable to be removed. Case-Laws VAT and Sales Tax Thu, 23 Dec 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=416592