https://www.taxtmi.com/caselaws?id=785196 Whether Central Excise dues rank superior to secured creditor: HC relied on SC precedent holding SARFAESI provisions override Central Excise Act, and that excise dues are not entitled to priority over a secured creditor's charge; reasoning: insertion of s.11-E did not negate SARFAESI's overriding effect and s.26E renders statutory "first charge" subordinate to secured creditor's rights - outcome: secured creditor's registered charge takes priority over excise claims. Whether attachment/proclamation alters priority: Full Bench authority requires valid attachment/proclamation to displace s.26E priority; reasoning: absent legally effective attachment/proclamation, statutory priority of secured creditor remains - outcome: impugned departmental communications quashed. en-us Wed, 14 Jan 2026 00:00:00 +0530 Tue, 20 Jan 2026 06:31:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=785196 Whether Central Excise dues rank superior to secured creditor: HC relied on SC precedent holding SARFAESI provisions override Central Excise Act, and that excise dues are not entitled to priority over a secured creditor's charge; reasoning: insertion of s.11-E did not negate SARFAESI's overriding effect and s.26E renders statutory "first charge" subordinate to secured creditor's rights - outcome: secured creditor's registered charge takes priority over excise claims. Whether attachment/proclamation alters priority: Full Bench authority requires valid attachment/proclamation to displace s.26E priority; reasoning: absent legally effective attachment/proclamation, statutory priority of secured creditor remains - outcome: impugned departmental communications quashed. Case-Laws Central Excise Wed, 14 Jan 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=785196