R C VAISH Vs. CONTROLLER OF ESTATE DUTY

JUDGEMENT

(1.) THIS is a reference under S. 64(1) of the ED Act, 1953. By the order, the following two questions have been referred:

(2.) THE first question is covered by the decision in Govind Prasad vs. CED [1981] 127 ITR 642 (All) whereas the second question by the decision in Badri Vishal Tandon vs. Asst. CED [1976] 103 ITR 468 (All). Both of these decisions are those of our High Court. Shri Bharatji Agarwal strenuously contended that the first question has not been correctly decided by this Court and as such requires reconsideration. We are not inclined to accept this submission.