https://www.taxtmi.com/caselaws?id=757567 Priority under Section 26E of the SARFAESI Act and Section 31B of the RDDB Act prevails unless the sales tax authorities have first effected a valid attachment and proclamation under the Maharashtra Land Revenue Code and the 1967 Rules. A mere communication to the Talathi restraining transfer did not amount to statutory attachment, so the Department could not claim precedence over the secured creditor's enforcement of security interest. Once the creditor's priority was recognised, there was no legal impediment to release of the sale proceeds deposited in Court, and the petitioner was entitled to withdraw them. en-us Mon, 19 Aug 2024 00:00:00 +0530 Wed, 28 Aug 2024 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=757567 Priority under Section 26E of the SARFAESI Act and Section 31B of the RDDB Act prevails unless the sales tax authorities have first effected a valid attachment and proclamation under the Maharashtra Land Revenue Code and the 1967 Rules. A mere communication to the Talathi restraining transfer did not amount to statutory attachment, so the Department could not claim precedence over the secured creditor's enforcement of security interest. Once the creditor's priority was recognised, there was no legal impediment to release of the sale proceeds deposited in Court, and the petitioner was entitled to withdraw them. Case-Laws VAT and Sales Tax Mon, 19 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=757567