https://www.taxtmi.com/caselaws?id=288670 Successor liability arises where a succeeding person carries on a substantially identical business; the court applied the substantial identity test and drew an adverse inference from the appellant's failure to produce account records, concluding he was a successor to the dissolved firm. The proviso to section 26(2) permits recovery of tax assessed on the prior firm from a successor without a fresh assessment on the successor where recovery from the firm is not possible. Separately, a recovery certificate attains decretal character and may be executed under civil procedure rules against a former partner to satisfy the tax demand. en-us Wed, 24 Aug 1960 00:00:00 +0530 Mon, 22 Jun 2020 15:45:51 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=288670 Successor liability arises where a succeeding person carries on a substantially identical business; the court applied the substantial identity test and drew an adverse inference from the appellant's failure to produce account records, concluding he was a successor to the dissolved firm. The proviso to section 26(2) permits recovery of tax assessed on the prior firm from a successor without a fresh assessment on the successor where recovery from the firm is not possible. Separately, a recovery certificate attains decretal character and may be executed under civil procedure rules against a former partner to satisfy the tax demand. Case-Laws Income Tax Wed, 24 Aug 1960 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=288670