1. THIS is an application for substitution in a pending application for leave to appeal to the Supreme Court. The facts are shortly as follows : The proceedings relating to the assessment of one Gfouri Sankar Lall Singha (hereinafter referred to as the "assessee"). The assessee received certain dividends from Ukhra Estate Zamindaries Limited and claimed that these dividends were not taxable because they came out of the funds of the company which were not in any sense taxable profits. The Income Tax Officer held against the assessee and this was upheld by the Appellate Tribunal. The assessse thereupon requested the Tribunal to make a reference to the High Court under section 66 (1) of the Income Tax act (hereinafter referred to as the said act). The Tribunal thereupon referred the following question under the provision of section 66 (1) of the said act : -

"whether on the facts and in the circumstances of the case the amount of Rs. 2,344/- was rightly included as dividend in the total income of the assessee for the assessment year 1949-50 ?"

2. ON the 2nd December, 1964, the Court made an order on the reference and answered the question in the negative, that is to say, in fav