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TMI Blog2018 (1) TMI 1532X X X X Extracts X X X X X X X X Extracts X X X X ..... ditors to realise the secured dues and debts dues, which are payable to the secured creditors by sale of assets over which security has been created, is having priority over all other debts and Government dues including revenue, taxes, cesses and rates due to Central Government, State Government and local authorities. Not only this, it is having overriding effect over all other enactment including the provisions of Madhya Pradesh VAT Act, Central Sales Tax Act, Entry Tax Act and any other Tax Act - Though, an attempt has been made by the State Government to demonstrate before this court that the amendment will not disentitle to recover the dues by them as the dues are outstanding since 2012. Petition allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... ) also contains non obstante clause and therefore, it is having overriding effect over all other enactments including the provisions of the Madhya Pradesh VAT Act, Central Sales Tax Act, Entry Tax Act and any other Act, hence, the notice issued by the State Government is bad in law and deserves to be quashed. 5. On the other hand, a detailed and exhaustive reply has been filed by the Commercial Tax Department and their contention is that the dues amounting to ₹ 3,26,96,667 is outstanding against M/s. R.S. Mould Plast (India) Ltd. It has also been stated that the dues against R.S. Mould Plast (India) Ltd. are prior to the date from which the amendment came into force and therefore, by virtue of section 33 of the Madhya Pradesh VAT Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce and subject to the provisions of section 530 of the Companies Act, 1956 (No. 1 of 1956), any amount of tax and/or penalty or interest, if any, payable by a dealer or other person under this Act shall be first charge on the property of the dealer or such person. (2) Notwithstanding anything contained in this Act, where a dealer or person is in default or is deemed to be in default under clause (a) of sub-section (11) of section 24 and whose property is being sold by a bank or financial institution for recovery of its loan, the Commissioner may forgo the right of first charge as mentioned in sub-section (1) against the property sold on the following conditions: (a) if the arrears of tax, penalty, interest or part thereof or any other a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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