TMI Blog1983 (8) TMI 37X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 applicant, who was assessed as HUF for the assessment year 197 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m 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 case it was held that the word " assessee" occurring in s. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 Misc. Civil Case No. 108 of 1981. There shall be no o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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