2024 (10) TMI 108 - HC - Income Tax

Doctrine of constitutional priority - Certain transfers to be void u/s 281 - Supremacy of attachment passed by the Tax Recovery Officer / Income Tax Department or to the mortgage created in favour of the secured creditors Dues of the Income Tax Department precedence over the dues of the secured creditor - intra Court appeal arises out of the order passed by the writ Court in UNION BANK OF INDIA (E-CORPORATION BANK) 2024 (1) TMI 115 - MADRAS HIGH COURT HELD THAT - In fact the issue raised in this appeal is covered by a decision of the Hon'ble Supreme Court in Connectwell Industries Pvt Ltd 2020 (3) TMI 362 - SUPREME COURT which in fact has been followed in a detailed order passed in State Bank of India etc. 2022 (12) TMI 557 - MADRAS HIGH COURT Since this position is not controverted, the writ appeal cannot be entertained as the same has been preferred by the Revenue. In that view of the matter, this writ appeal is liable to be dismissed. Accordingly, it is dismissed.

Summary

The High Court of Madras dismissed the intra Court appeal arising from an order dated 03.11.2023 in W.P.No.14110 of 2020. The appeal was not entertained as it was covered by a decision of the Supreme Court and a detailed order of the Coordinate Bench of the Court. The writ appeal was preferred by the Revenue and was therefore dismissed with no costs.