2001 (3) TMI 872

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..... espect of the sales tax dues of the second respondent prevailed over the charge created in favour of the bank in respect of the loan taken by the second respondent. There is no question of retrospectivity here, as, on the date when it was introduced, section 33-C operated in respect of all charges that were then in force and gave sales tax dues precedence over them - Civil Appeal No. 11528 of .....

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..... 9 and a third loan on 25th January, 1979. 3.. In the meantime, with effect from January 19, 1976, section 33-C was inserted into the M.P. General Sales Tax Act, 1958. It read thus: "Tax to be first charge.-Notwithstanding anything to the contrary contained in any law for the time being in force, any amount of tax and/or penalty, if any, payable by a dealer or other person under this Act shall .....

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..... enged the judgment of the trial court and not its decree. 5.. Section 33-C creates a statutory first charge that prevails over any charge that may be in existence. Therefore, the charge thereby created in favour of the State in respect of the sales tax dues of the second respondent prevailed over the charge created in favour of the bank in respect of the loan taken by the second respondent. Th .....

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