https://www.taxtmi.com/caselaws?id=424972 A prior mortgage and auction sale certificate in favour of a secured creditor prevailed over the customs department's later claim and communication, because no specific statutory first charge under customs law was shown. Applying the overriding effect of the SARFAESI Act, including Section 26E, the Court held that an earlier created security interest ranks ahead of subsequent customs dues and attachment claims unless the other enactment expressly creates a first charge. The customs attachment was therefore liable to be lifted, and the bank's secured interest was upheld. en-us Mon, 27 Jun 2022 00:00:00 +0530 Tue, 12 Jul 2022 18:23:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=424972 A prior mortgage and auction sale certificate in favour of a secured creditor prevailed over the customs department's later claim and communication, because no specific statutory first charge under customs law was shown. Applying the overriding effect of the SARFAESI Act, including Section 26E, the Court held that an earlier created security interest ranks ahead of subsequent customs dues and attachment claims unless the other enactment expressly creates a first charge. The customs attachment was therefore liable to be lifted, and the bank's secured interest was upheld. Case-Laws Customs Mon, 27 Jun 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=424972