https://www.taxtmi.com/caselaws?id=774845 Section 26E of the SARFAESI Act, 2002 gives a secured creditor statutory priority over later recovery ? over CGST attachment proceedings, and that priority prevailed here against the attachment made under Section 79(1)(d) of the CGST Act, 2017. The Calcutta HC noted that the secured creditor had not yet taken possession of the asset, but still treated the non obstante priority under SARFAESI as overriding the tax recovery mechanism. The CGST attachment was therefore subordinated to the secured creditor's enforcement rights, and possession was directed to be handed over with an inventory to be prepared in the presence of the borrower or its representatives. en-us Wed, 02 Jul 2025 00:00:00 +0530 Tue, 15 Jul 2025 08:39:06 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=774845 Section 26E of the SARFAESI Act, 2002 gives a secured creditor statutory priority over later recovery ? over CGST attachment proceedings, and that priority prevailed here against the attachment made under Section 79(1)(d) of the CGST Act, 2017. The Calcutta HC noted that the secured creditor had not yet taken possession of the asset, but still treated the non obstante priority under SARFAESI as overriding the tax recovery mechanism. The CGST attachment was therefore subordinated to the secured creditor's enforcement rights, and possession was directed to be handed over with an inventory to be prepared in the presence of the borrower or its representatives. Case-Laws GST Wed, 02 Jul 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=774845