2023 (10) TMI 1385

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....SHAN, CHAIRPERSON AND BARUN MITRA,MEMBER (TECHNICAL) For the Appellant : Ms. Snwetal Snepal, Advocate. For the Respondent : Ms. Arveena Sharma, Advocate for erstwhile RP - R-1. Mr. Abhinav Vasisht, Sr. Advocate with Ms. Raveena Rai, Ms. Rohit Ghosh, Advocates for SRA. ORDER Heard learned counsel for the parties. This Appeal has been filed against the judgment and order of the Adjudi....

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.....02.2023 from para 7 to para 10 following has been held: "7. There are no dispute between the parties regarding the facts which took place in the CIRP and the claim which was admitted in the CIRP. In "Rainbow Paper Limited" (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 ra....

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....ation of first charge in any Central Act for the time being in force, any amount of tax, penalty, interest, sum forfeited, fine or any other sum, payable by a dealer or any other person under this Act, shall be the first charge 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 w....