Allowing the petition the Court held that, section 281 of the 1961 Act did not constitute a declaration of charge much less, one which was preferential to the Department. The thrust of section 281 of the 1961 Act was only a protection to a bona fide purchaser in cases where an errant assessee sought to alienate the property to circumvent anticipated recovery of outstanding arrears payable by him to the Income-tax Department. Nothing in section 281 of the 1961 Act would support the submission that it, by itself creates a positive charge of property. The charge in this case was created by the Income-tax Department only after March 27, 2017 when the property was attached under rule 48 of the Second Schedule to the 1961 Act and duly communicated to the Sub-Registrar. The mortgage by the bank was on February 10, 2014 and that by the Income-tax Department was on March 27, 2017 only. The subsequent attachment therefore, failed in view of section 26E of the 2002 Act, the provisions of which had since been notified on January 24, 2020 and the benefit was available to the petitioners.(AY.2012-13, 2013-14) (SJ)