1983 (8) TMI 37

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..... tion under article 134A of the Constitution of India for the grant of a certificate under article 133 of the Constitution to prefer an appeal to the Supreme Court against the order passed by this Court on January 20, 1983, in Misc. Civil Case No. 108 of 1981 : Kanhyalal & Ramswaroop V. CIT [1984] 149 ITR 157 (MP). The facts giving rise to this application briefly stated are as follows : The appl .....

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..... se, the Appellate Tribunal was right in holding that a sum of Rs. 45,945 was not allowable as deduction under section 54 of the Act for the purpose of assessing the net capital gain in the hands of the assessee-HUF ? " When the matter came up for hearing before us, decision of a Division Bench of this Court in Shrigopal Rameshwardas v. Addl. CIT [1979] 119 ITR 980, was cited before us. In that ca .....

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..... nvolved is about the interpretation of the provisions of s. 54 of the Act and it is not disputed that it is a substantial question of law of general importance. In our opinion, the said question needs to be decided by the Supreme Court. The application is, therefore, allowed. The applicant is granted certificate to prefer an appeal against the order dated January 20, 1983, passed by this Court in .....

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