2023 (2) TMI 1170

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....AIRPERSON AND BARUN MITRA, MEMBER (TECHNICAL) For the Appellant : Ms. Shwetal Shepal, Mr. Aaditya Pande, Mr. Rahul Chitnis. Advocates For the Respondent : Mr. Mayur Khandeparkar, Mr. Vishesh Kalra, Mr. Kunal Kannya, Advocates for R-1 Mr. Aman Varma, Advocate for R-2 ORDER Heard Learned Counsel for the Appellant as well as Learned Counsel for the Respondents. 2. This Appeal has been filed by ....

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....ment of the Hon'ble Supreme Court in the matter of "State Tax Officer Vs. Rainbow Papers Limited" [2022 SCC OnLine SC 1161]. It is submitted that the Adjudicating Authority committed error in not accepting the entire claim of the Appellant which was admitted. Learned Counsel for the Appellant has relied on the provisions of Section 37 of the Maharashtra Value Added Tax Act, 2002. 5. Learned Couns....

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....hich has been quoted in paragraph 2 of the Judgement which is to the following effect: "The short question raised by the appellant in this appeal is, whether the provisions of the IBC and, in particular, Section 53 thereof, overrides Section 48 of the GVAT Act which is set out herein below for convenience:- 48. Tax to be first charge on property.- Notwithstanding anything to the contrary con....

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....e the provisions of Section 48 of the provision of Gujarat Values Added Tax which was relied in "Rainbow Papers Limited" and the Provisions of Section 37 which is sought to be relied on in the present Appeal, distinction between the provisions is clear. Section 37 specifically uses the expression "subject to any provision regarding creation of first charge in any central act". The provision itself....