2023 (2) TMI 1170

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....ptcy<br>JUSTICE ASHOK BHUSHAN, CHAIRPERSON 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 Resp....

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....be treated as secured charge in view of the Judgement 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 Maharas....

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....ited" (supra), Section 48 of the GVAT Act was relied, which 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 firs....

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....rge on the property of the dealer, or as the case may be, person." 9. When we compare 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....