Appeal to High Court - Section 260A

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..... r or the assessee; In the form of a memorandum of appeal precisely stating therein the substantial question of law involved. It should be accompanied by such fee as may be specified in the relevant law relating to court fees for filing appeals to the High Court. Monetary limits for filing of appeal by department before ITAT, High Courts and SLPs/appeals before Supreme Court- S. No. Appeals/SLPs in Income-Tax matters Monetary Limit (₹) 1. Before Appellate Tribunal 50,00,000 2. Before High Court 1,00,00,000 3. Before Supre .....

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..... subsidy is a capital receipt or revenue receipt. The interpretation will depend on the nature of subsidy. i.e., the court can interpret the nature of subsidy to be capital receipt or revenue receipt only after examining the facts for which the subsidy has been given. THE MIXED QUESTION OF LAW AND FACTS IS TREATED AS A SUBSTANTIAL QUESTION OF LAW AND IT CAN BE RAISED IN THE HIGH COURT. The Supreme Court in Santosh Hezariv Purushottam Tiwari (2001) 251 ITR 84 (SC) pointed out that 'substantial question of law' has not been defined and inter ali a held that in order that a question may be of general importance, where the matter involced is one in second appeal. The word substantial is qualifying 'question of law' means .....

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..... Court may determine any issue which- Has not been determined by the Appellate Tribunal; or Has been wrongly determined by the appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1). 4. Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908, relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section. In case a substantial question of law arises, a party cannot be denied to raise the question of law at the time of final hearing even if such question was not framed at the stage of admmission of such appeal. [Ankita Deposits Advances Pvt. Ltd. vs CIT 2010 (6) TMI 379 - Himachal Pradesh H .....

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