2009 (3) TMI 496

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....um of Rs. 9,91,508 received by the respondent as interest on FDR. Along with other additions, the respondent was assessed to a total income of Rs. 57,68,420 and demand notice was issued accordingly. The respondent carried an appeal to the Commissioner of Income-tax (Appeals) II, Indore and the Commissioner of Income-tax (Appeals) deleted the addition of Rs. 9,91,508 received by the respondent by way of interest on FDR after considering the claim of the respondent that the amount of Rs. 9,91,508 was duly credited to the profit and loss account and after finding that the claim of the respondent was genuine. Aggrieved, the appellant filed an appeal before the Income-tax Appellate Tribunal, Indore Bench, but the Tribunal after considering the d....

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....es to the High Court from an order passed by the Appellate Tribunal only if the High Court is satisfied that the case involves a substantial question of law and in this case, we are not satisfied that it involves a substantial question of law for the reasons which we will now state. 5. Under section 100 of the Civil Procedure Code, 1908 (for short "the CPC") an appeal similarly lies to the High Court from an appellate decree passed by any court subordinate to the High Court, if the High Court is satisfied that the case involves a substantial question of law. In Sir Chunilal V. Mehta and Sons Ltd. v. Century Spinning and Manufacturing Co. Ltd., AIR 1962 SC 1314, the Supreme Court held that the proper test for determining whether a questio....