BADRI NARAIN KASHI PRASAD Vs. ADDITIONAL COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) DOUBTING the correctness of the law laid down in earlier decisions of this court in Ganesh lals, 1972 84 ITR 233 , a Division Bench of this court has referred the following question of law to a Full Bench :

(2.) S. 185(1) provides the procedure. It says :

(3.) IF the changes, either in the constitution or the shares which are specified or evidenced by the instrument where not intended to be recognised without a fresh instrument, then cl. (i) of the prov. should have read :