Interpretation of section 54 treated as a substantial question of law of general importance, justifying Supreme Court appeal certificate.

The Madhya Pradesh High Court considered whether a certificate to appeal to the Supreme Court should be granted under Article 133 in a dispute involving interpretation of section 54 of the Income-tax Act, 1961. Applying Articles 133 and 134A, it noted that no Supreme Court decision on the question had been brought to its notice and treated the issue as a substantial question of law of general importance requiring determination by the Supreme Court. On that basis, the certificate to prefer an appeal was granted.

---

---

Issues: Whether the applicant was entitled to a certificate to appeal to the Supreme Court under Article 133 of the Constitution of India in relation to the question concerning section 54 of the Income-tax Act, 1961.

Analysis: The application was considered in the light of Article 134A and Article 133 of the Constitution of India. The Court found that no decision of the Supreme Court on the question had been brought to its notice and that the issue involved the interpretation of section 54 of the Income-tax Act, 1961. It treated the question as a substantial question of law of general importance requiring determination by the Supreme Court.

Conclusion: The certificate to prefer an appeal to the Supreme Court was granted.

---