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TMI Blog2024 (3) TMI 1307X X X X Extracts X X X X X X X X Extracts X X X X ..... apurwala, Chief Justice And Hon'ble Mr.Justice D.Bharatha Chakravarthy For the Petitioner : Mr.K.Balamurali for Mr.V.Suresh For the Respondent No.1 : Dr.B.Ramasamy For the Respondent No.4 : Mr.K.Karthik Jegannath Government Advocate For the Respondents 2 and 3 : Not ready in notice ORDER HON'BLE CHIEF JUSTICE We have heard Mr.K.Balamurali, learned counsel for the petitioner; Dr.B.Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the year 2016. The security is registered with the Central Registry of Securitisation Asset Reconstruction and Security Interest of India (CERSAI). As such, the petitioner is entitled to the benefit of Section 26E of the Act of 2002. The first respondent has attached the said property for recovery of its dues i.e. the tax due for the assessment year 2017-18. 5. It is not a matter of debate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the secured creditors to realise secured debts due and payable to them by sale of assets over which security interest is created, shall have priority and shall be paid in priority over all other debts and Government dues including revenues, taxes, cesses and rates due to the Central Government, State Government or Local Authority. 8. The Full Bench of the Bombay High Court in the case of Jalgao ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Sales Tax, Income Tax or Commercial Tax Departments. 11. In case the auction sale is conducted by the secured creditor and it has received excess amount than its dues, then it is liable to remit the excess amount to the Departments. However, if it has not received the amount in excess of the amount due and payable to it, then it is not required to remit any amount to the Departments and the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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