https://www.taxtmi.com/caselaws?id=450429 A declaration that an equitable mortgage is void under section 281 of the Income-tax Act, 1961 must rest on clear findings as to when recovery proceedings began and when the mortgage was created. Where the order does not identify those critical dates or establish the statutory ingredients for voidness, it is vulnerable for vagueness and cannot displace a secured creditor's priority. The text emphasises that notices, CERSAI material, or general references are not enough unless they support a definite factual foundation showing that the transfer falls within section 281 and no exception applies. en-us Wed, 23 Aug 2023 00:00:00 +0530 Mon, 04 Mar 2024 17:38:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=450429 A declaration that an equitable mortgage is void under section 281 of the Income-tax Act, 1961 must rest on clear findings as to when recovery proceedings began and when the mortgage was created. Where the order does not identify those critical dates or establish the statutory ingredients for voidness, it is vulnerable for vagueness and cannot displace a secured creditor's priority. The text emphasises that notices, CERSAI material, or general references are not enough unless they support a definite factual foundation showing that the transfer falls within section 281 and no exception applies. Case-Laws Income Tax Wed, 23 Aug 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=450429