https://www.taxtmi.com/caselaws?id=313232 Departmental dues of State authorities, including excise and revenue, do not take priority over a secured creditor's charge on secured assets. Before insertion of Section 11E of the Central Excise Act, 1944, there was no statutory first charge in favour of excise dues, and after insertion, the SARFAESI Act, 2002 continues to prevail because of its overriding effect. As a result, the secured creditor's mortgage or hypothecation ranks above the departmental claims, and contrary action by the authorities cannot be sustained. en-us Thu, 11 May 2023 00:00:00 +0530 Mon, 01 Apr 2024 18:56:27 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=313232 Departmental dues of State authorities, including excise and revenue, do not take priority over a secured creditor's charge on secured assets. Before insertion of Section 11E of the Central Excise Act, 1944, there was no statutory first charge in favour of excise dues, and after insertion, the SARFAESI Act, 2002 continues to prevail because of its overriding effect. As a result, the secured creditor's mortgage or hypothecation ranks above the departmental claims, and contrary action by the authorities cannot be sustained. Case-Laws Central Excise Thu, 11 May 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=313232