2020 (1) TMI 1661

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....J)) and Kanthi Narahari, Member (T) For the Appellant : Aastha Mehta and Vishakha, Advocates For the Respondents : Devesh Bhatia and Saurabh Kumar, Advocates ORDER 1. Heard Counsel for the Appellant and the learned Counsel for Respondent No. 1. This Appeal has been filed by the State Tax Officer from the Office of Assistant Commissioner of State Tax in Gujarat. It deals with VAT (Va....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....h they are not in a position to consider the claim. On perusal of the record, it is found that at page No. 15 of the Application bifurcation has already been given, hence, the RP is directed to consider the same. Further, the applicant has prayed for considering them i.e. State Tax Officer, as a Secured Creditor. Since, the law has already been settled in the Arcelor Mittal case, wherein,....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....er:- "Sec. 48. Tax to be first charge on property. Notwithstanding anything to the contrary contained in any law for the time being in force, any amount payable by a dealer or any other person on account of tax, interest or penalty for which he is liable to pay to the Government shall be a first charge on the property of such dealer or as the case may be such person". 4. Accor....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 6. The learned Counsel submits that this Tribunal has already taken a view with regard to this Section in Company Appeal (AT) (Insolvency) No. 354 of 2019 in the matter of "Tourism Finance Corporation of India Ltd. Vs. Rainbow Papers Ltd. & Ors." dated 19.12.2019 In the Judgment in Para-38, after referring to the above Section, this Tribunal has held as under:- "38. In view of Stateme....