9911796707
TMI Blog2025 (1) TMI 1152X X X X Extracts X X X X X X X X Extracts X X X X ..... ral Goods and Services Tax Act, 2017 clearly carves on exception with regard to provisions of Insolvency and Bankruptcy Code, 2016. In Central Excise Act, 1944, provision of Section 529A of the Companies Act, 1956 was referred. The above provisions came for consideration before this Tribunal in THE ASSISTANT COMMISSIONER OF CENTRAL TAX VERSUS MR. SREENIVASA RAO RAVINUTHALA, M/S RENGANAYAKI AGENCIES [2023 (8) TMI 193 - NATIONAL COMPANY LAW APPELLATE TRIBUNAL , CHENNAI] where it was held that 'From the usage of the words 'save as provided in in Section 11E is in the nature of an exception intended to exclude the class of cases, mentioned in Companies Act, 1956, 'The Recovery of Debts due to Banks and Financial Institutions Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-1 by which order the Resolution Plan of the Corporate Debtor- M/s. Cengres Tiles Limited has been approved by the Adjudicating Authority. Appellant i.e. Assistant Commissioner, CGST and Central Excise, Kadi Division has come up in this Appeal challenging the said order. 3. The submission which has been advanced by the Counsel for the Appellant is that under the Resolution Plan as has been approved by the Adjudicating Authority, the Appellant has been provided only an amount of Rs.1,00,000/- as against the admitted claim of the Appellant to the extent of Rs.11,76,90,942/-. It is submitted that the secured operational creditors have been paid the higher amount in the Resolution Plan. It is submitted that the amount which has been earmarked ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on 48 of the Gujarat Value Added Tax Act, 2003 and interpreting the said provision, it was held that the dues of the State Tax Officer were secured debt. Section 48 of the Gujarat Value Added Tax Act, 2003 provides as follows:- "48. Tax to be first charge on property.- Notwithstanding anything to the contrary contained in any law for the time being in force, any amount payable by a dealer or any other person on account of tax, interest or penalty for which he is liable to pay to the Government shall be a first charge on the property of such dealer, or as the case may be, such person." 7. Section 11E of the Central Excise Act, 1944 which provision provides as follows:- "11E. Liability under Act to be first charge.- Notwithstanding anyt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ove provisions came for consideration before this Tribunal in "The Assistant Commissioner of Central Tax, CGST Division vs. Mr. Sreenivasa Rao Ravinuthala- CA(AT)(CH)(Ins.) No. 346 of 2021" where in paragraph 8, following was laid down:- "8. From the usage of the words 'save as provided in in Section 11E is in the nature of an exception intended to exclude the class of cases, mentioned in Companies Act, 1956, 'The Recovery of Debts due to Banks and Financial Institutions Act, 1996'. 'SARFAESI Act, 2002' and 'I&B Code, 2016'. The 'Secured Interest' as defined under the Code excludes charges created by Operation of law. Section 11E of the Central Excise Act, 1944 is distinct from the provisions of 'Gu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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