Supreme Court of India

Tax Recovery Officer, Central Range-1 v. Custodian Appointed Under the Special Court (trial of Offences Relating to Transaction in Securities) Act, 1992

Neutral citation
Reported as [2007] 8 S.C.R. 1051
Bench G.P. Ma Thur and P.K. Balasubramany An JJ.
Decided 17 August 2007

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41 Supreme Court benches have cited this judgment.

What the Court ordered

For the reasons discussed above there is no merit in these appeals, which are hereby dismissed.

Judgment, page 13

From the headnote

Special Courts (Trial of Offences relating to Transactions in Securities) Act, 1992-ss. 3, 9A, 11 & 13-Assets of notified party attached-Suit for recovery of dues of notified party from a third party, decreed-In execution proceedings, property of third party put to auction sale-Intervention application, filed by Income Tax Department, seeking recovery of its dues from said third party on priority basis before distribution of sale proceeds to other creditors-Maintainability of-Held: Not maintainable-Provisions of the 1992 Act, wherever applicable, prevail over provisions of Income Tax Act-In

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Where later benches applied it

Of those, 41 mentioned

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