Secured Creditor is having priority charge over the dues of Income Tax Department


Quick Summary
In a significant ruling, the Bombay High Court has affirmed that a secured creditor holds priority over the Income Tax Department concerning dues from a borrower. The court accepted the argument that the secured creditor, Edelweiss Asset Reconstruction Co. Ltd., had a valid prior charge over the borrower's assets. This decision reinforces the rights of secured creditors under relevant legislation, such as the SARFAESI Act and RDDBFI Act.

Court :
Bombay High Court

Brief :
In Edelweiss Asset Reconstruction Co. Ltd. v. Tax Recovery Officer, Income-Tax Department and Ots [Writ Petition (L) No. 7964 OF 2021 dated July 28, 2021] Edelweiss Asset Reconstruction Co. Ltd ('the Petitioner') has filed the current petition being aggrieved with the Order of Attachment dated January 17, 2013 passed by Tax Recovery Officer ('the Respondent') for seeking recovery of Income Tax dues from the Classic Diamonds (India) Ltd. ('the Borrower').

Citation :
Writ Petition (L) No. 7964 OF 2021 dated July 28, 2021

In Edelweiss Asset Reconstruction Co. Ltd. v. Tax Recovery Officer, Income-Tax Department and Ots [Writ Petition (L) No. 7964 OF 2021 dated July 28, 2021] Edelweiss Asset Reconstruction Co. Ltd ('the Petitioner') has filed the current petition being aggrieved with the Order of Attachment dated January 17, 2013 passed by Tax Recovery Officer ('the Respondent') for seeking recovery of Income Tax dues from the Classic Diamonds (India) Ltd. ('the Borrower').

The Petitioner is an assignee of right, title and interest of the credit facilities to Borrower which is now in liquidation and the Petitioner has a secured and a prior charge over the attached properties of the Borrower. The Petitioner, due to the prior charge, has been aggrieved by the order of the Respondent which is seeking Income Tax dues from the Borrower.

The Petitioner contends that the Respondent has not appreciated the information furnished by the Petitioner which provides that it is the secured creditor with valid prior charge and an equitable mortgage in its favour. Therefore, it has prior charge over the properties of the Borrower.

Further, the Petitioner places reliance on Section 26-E of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('the SARFAESI Act') and Section 31-B of the Recovery of Debts Due to Banks and Financial Institutions Act, 2002 ('the RDDBFI Act') which accords priority to the dues of secured creditor which is applicable on the Petitioner over the Respondent in the current case.

The Hon’ble Bombay High Court accepting the contentions put forth by the Petitioner held that the Petitioner’s charge over the said premises has priority over the dues of the Income Tax department and the attachment by Respondent cannot come in the way of Petitioner’s rights as secured creditor.

FAQ :

The secured creditor has priority over the dues of the Income Tax Department.

The case concerned an order of attachment by the Tax Recovery Officer for Income Tax dues from a borrower, where the Petitioner, a secured creditor, claimed a prior charge over the attached properties.

The Petitioner relied on Section 26-E of the SARFAESI Act and Section 31-B of the RDDBFI Act, which grant priority to secured creditors' dues.

The Bombay High Court accepted the Petitioner's contentions and held that the secured creditor's charge had priority over the Income Tax department's dues.

 

Bimal Jain
Published in Income Tax
Views : 157

Comments




CCI Pro



Company
ARTICLESHIP 01 September 2026
Article Assistant

SGNG & Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 24 August 2026
Article Assistant

M/s.S.G.Salecha & Co.

Mumbai

CA Inter

View Details
Company
04 September 2026
CA inter Or ca finalist

A Jaiswal and company

Lucknow

CA Final

View Details
Company
14 August 2026
Article Assistant CA Articleship

Eshwar & Co Chartered Accountants - Nungambakkam

Chennai

CA Inter

View Details
Company
ARTICLESHIP 26 August 2026
CA Article Assistant/CA Drop Out/Accounts Executive

PARV & Co.

New Delhi

CA Inter

View Details
Company
25 August 2026
Senior Accountant

MG Associates

New Delhi

CA Inter

View Details
Company
ARTICLESHIP 25 August 2026
CA Article's

Saini Pati Shah & Co LLP

Mumbai

CA Inter

View Details
Company
27 August 2026
ACCOUNTANT

CHARUPREETI & CO

Noida

Graduate (Any)

View Details