https://www.taxtmi.com/caselaws?id=311476 A secured creditor's prior mortgage took precedence over a later Income Tax attachment, because crown debts may rank ahead of unsecured debts but not ahead of secured debts absent express statutory priority. Although the attachment under the Income-tax Act related back to service of notice in the certificate proceedings, that did not displace the earlier secured interest. In the absence of any provision in the Income-tax Act conferring priority over the secured creditor, the Registrar could not refuse to receive and file the sale certificates under the Registration Act. The operative position was that the tax department could not defeat prior secured debt by relying on attachment. en-us Thu, 07 Jul 2011 00:00:00 +0530 Thu, 28 Dec 2023 15:47:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=311476 A secured creditor's prior mortgage took precedence over a later Income Tax attachment, because crown debts may rank ahead of unsecured debts but not ahead of secured debts absent express statutory priority. Although the attachment under the Income-tax Act related back to service of notice in the certificate proceedings, that did not displace the earlier secured interest. In the absence of any provision in the Income-tax Act conferring priority over the secured creditor, the Registrar could not refuse to receive and file the sale certificates under the Registration Act. The operative position was that the tax department could not defeat prior secured debt by relying on attachment. Case-Laws Indian Laws Thu, 07 Jul 2011 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=311476