The petitioner-bank had granted credit facilities to the assessee against mortgage of immovable properties. The equitable mortgages so created were confirmed by execution of separate memorandums relating to deposit of title deeds and these were also registered on the file of the Sub-Registrar, confirming the equitable mortgage. Pursuant to an auction of the mortgaged property by the bank the Sub-Registrar declined to register the sale certificate issued under the\u00a0Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002\u00a0on the grounds that the property in question was attached by the Tax Recovery Officer under section\u00a0226\u00a0of the 1961 Act towards arrears of tax dues and such attachment was recorded in the books of the Sub-Registrar. On a writ petition by the bank contending that it held prior charge as a valid mortgage was executed in favour of the bank and under the provisions of the\u00a0Recovery of Debts and Bankruptcy Act, 1993\u00a0and the 2002 Act, the bank held the priority and therefore, the Income-tax Department had no authority to pass an attachment order affecting the rights of the bank in respect of the property under mortgage. On writ the Court held that \u00a0\u00a0the bank was to approach the Tax Recovery Officer by filing an application under rule 11 of Schedule II to the 1961 Act for adjudication of the facts, so as to form an opinion whether or not the bank was entitled to enforce its rights. If such an application was filed, the Tax Recovery Officer was to investigate it with reference to the original documents and evidence and pass appropriate orders.<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 281 : Certain transfers to be void-Priority of debt-Mortgage executed prior to initiation of action by department-Matter to be investigated by Tax Recover Officer. [S. 226, Rule, 11, Schedule II Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Recovery of Debts and Bankruptcy Act, 1993] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-28208","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-7kY","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/28208","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=28208"}],"version-history":[{"count":1,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/28208\/revisions"}],"predecessor-version":[{"id":28209,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/28208\/revisions\/28209"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=28208"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=28208"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=28208"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}