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TMI Blog2009 (6) TMI 952X X X X Extracts X X X X X X X X Extracts X X X X ..... ter in its proper perspective and decide the question of registration of the sale deed in question within one month from the date of receipt/production of a copy of this order X X X X Extracts X X X X X X X X Extracts X X X X ..... direct the petitioner to make the payment of the rent payable for the portion of the building and plot by the petitioner, which belong to respondents Nos. 4 and 5. It appears that the second respondent issued a subsequent notice on March 8, 2002, asking the bank to make payment to them, failing which to attach the property on the ground that the second respondent has priority over all the properties of the other respondents. The petitioner-bank had again sent a reply through counsel on March 16, 2002 stating that it is a secured creditor and has paramount charge over the secured asset to it. Two writ petitions, W.P. Nos. 31572 and 31573 of 2002, were preferred by the petitioner against such notice, which are still pending. The further c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r form 6 has been issued against the assessee. From the proceeding in Rc No. 3349/2000 A3 dated December 6, 2001, it appears that the Ambattur Assessment Circle of the Commercial Tax Department had issued notice for payment of arrears under the GST Act on Tvl. Sri Ragavendra Industries and Tvl. Sri Balaji Industries under section 26 of the said Act. It is not clear as to what is the stage of the proceeding against the assessee initiated under the GST Act. In absence of any counter-affidavit filed by the first respondent, it is not clear as to why the first respondent refused to register the sale deed, if validly issued under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act. In the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d debt.' 22.. So far as the present case is concerned, the claim of the State is based on section 24 of the GST Act, which reads as follows: '24. Payment and recovery of tax.--(1) . . . (2) Any tax assessed on or which has become payable by, or any other amount due under this Act from, a dealer or person and any fee due from him under this Act, shall, subject to the claim of the Government in respect of land revenue and the claim of the land development bank in regard to the property mortgaged to it under section 28(2) of the Tamil Nadu Co-operative Land Development Banks Act, 1934 (Tamil Nadu Act X of 1934), have priority over all other claims against the property of the said dealer or person and the (1)Since reported in [2009] ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the provision contemplates is that the tax assessed on or has become payable by, or any other amount due under the said Act from, a dealer or person or any due from him under the said Act, shall be subject to the claim of the Land Development Bank in regard to the property mortgaged to it under section 28(2) of the Tamil Nadu Co-operative Land Development Banks Act, 1934 and it will have priority over all other claims against the property of the said dealer or person to be recovered as land revenue. By so holding, the provision (section 24 of the GST Act) by itself does not create the first charge as under the other enactments and the claim of the State is to subserve the claim of the secured creditors, who, by the anterior charge creat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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