Section 33 of the Madhya Pradesh Value Added Tax Act, 2002 (MPVAT Act) is not pari materia with Section 48 of Gujarat Value Added Tax Act, 2003 (GVAT Act) and Commercial Tax Dept. cannot be treated as secured creditors on the basis of the decision in Rainbow Papers – Commercial Tax Department Vs. Mrs. Teena Saraswat Pandey and Anr. – NCLAT New Delhi

In this judgment, Hon’ble NCLAT referring judgment in State Tax Officer (1) Vs. Rainbow Papers Ltd., (2022) ibclaw.in 107 SC and Department of State Tax Vs. Zicom Saas Pvt. Ltd. & Anr. (2023) ibclaw.in 109 NCLAT held that although it has also been held by the Hon’ble Supreme Court in the case of Paschimanchal Vidyut Vitran Nigam Ltd. Vs. Raman Ispat Pvt. Ltd. & Ors. (2023) ibclaw.in 81 SC that the decision in the case of Rainbow Papers (Supra) is a decision of the Court in the facts of the said case but without going into this aspect of the matter, argument of the Appellant would not cut any ice that Section 48 of the GVAT Act and Section 33 of the MPVAT Act are pari materia, therefore, the ratio laid down by the in Rainbow Papers (Supra) has to be applied rather the provisions of Section 37 of the MVAT Act and Section 33 of the MPVAT Act appears to be pari materia about which a decision has been taken by this court in the case of Zicom Saas (Supra) that both the provisions are not pari materia with Section 48 of the GVAT Act, therefore, no benefit can be given to the Appellant on the basis of the decision of the Rainbow Papers (Supra).

Related Posts

Scroll to Top