https://www.taxtmi.com/caselaws?id=761129 The Gujarat HC held that a bank's charge under the SARFAESI Act takes priority over a VAT Act charge on mortgaged property. The court ruled that VAT dues charges have no legal efficacy against SARFAESI Act provisions, citing precedent. Since the petitioner bank created its charge prior to the respondent's 2019 VAT charge, and the property was sold under SARFAESI provisions with sale certificate issued, the later VAT charge cannot be sustained. The court quashed the VAT charge and directed its removal from revenue records, with mutation entry deleted. Petition disposed of favorably. en-us Wed, 16 Oct 2024 00:00:00 +0530 Tue, 05 Nov 2024 19:27:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=761129 The Gujarat HC held that a bank's charge under the SARFAESI Act takes priority over a VAT Act charge on mortgaged property. The court ruled that VAT dues charges have no legal efficacy against SARFAESI Act provisions, citing precedent. Since the petitioner bank created its charge prior to the respondent's 2019 VAT charge, and the property was sold under SARFAESI provisions with sale certificate issued, the later VAT charge cannot be sustained. The court quashed the VAT charge and directed its removal from revenue records, with mutation entry deleted. Petition disposed of favorably. Case-Laws VAT / Sales Tax Wed, 16 Oct 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=761129