https://www.taxtmi.com/caselaws?id=28040 Income-tax arrears have priority over private debts, and an executing court cannot re-open a tax recovery certificate to reassess liability. The private creditor therefore could not take precedence over the tax claim. However, where attachment was directed against individual partners and not the firm, recovery was limited to each person's subsisting interest in the decretal fund. A partner with no remaining interest, or whose interest had already been sold, could not be proceeded against for the attached amount. The balance of the fund remained available for distribution among other creditors under the Code of Civil Procedure. en-us Fri, 11 Mar 1983 00:00:00 +0530 Wed, 17 Feb 2010 15:44:54 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=28040 Income-tax arrears have priority over private debts, and an executing court cannot re-open a tax recovery certificate to reassess liability. The private creditor therefore could not take precedence over the tax claim. However, where attachment was directed against individual partners and not the firm, recovery was limited to each person's subsisting interest in the decretal fund. A partner with no remaining interest, or whose interest had already been sold, could not be proceeded against for the attached amount. The balance of the fund remained available for distribution among other creditors under the Code of Civil Procedure. Case-Laws Income Tax Fri, 11 Mar 1983 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=28040