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Article 133 of the constitution of india, read with section 54 of the income-tax act, 1961-Appeal to supreme court-Certificate for-Whether question whether exemption under section 54 is available to a huf is a substantial question of law of general importance which needs to be decided by supreme court-Held, yes. Facts The applicant-HUF sold its house and from the capital gains worked out, purchased another house within a year and claimed deduction thereof under section 54. The ITO disallowed the deduction on the ground that section 54 was not available to the assessee who was not a natural person but a HUF. On appeal, the AAC as well as the Tribunal upheld the ITO's order. On reference, the High Court also confirmed the Tribunal's order. On application under article 134A of the Constitution of India : Held The question involved was about the interpretation of the provisions of section 54 and, therefore, it was a substantial question of law of general importance and needed to be decided by the Supreme Court. Therefore, the application was allowed. MISC. CIVIL CASE NO. 16 OF 1983. Cases referred to Kanhyalal and Ramswaroop v. CIT [1984] 149 ITR 157 (MP) and Shrigopal Rameshwardas v. Addl. CIT [1979] 119 ITR 980 (MP). A.K. Chitale for the Applicant. R.C. Mukati for the Respondent. JUDGMENT VIJAYVARGIYA, J.- This is an application under article 134A of the Constitution of India for the grant of a certificate under article 133 of the Constitution of India to prefer an appeal to the Supreme Court against the order passed by this Court in Kanhyalol and Ramswaroop v. CIT [1984] 149 ITR 157 (MP). 2. The facts giving rise to this application briefly stated are as follows : The applicant, who was assessed as HUF for the assessment year 1976-77, sold its house on 1-1-1975, for a sum of Rs. 83,000. The capital gains worked out at Rs. 64,465. The applicant, however, purchased a house for Rs. 44,945 on 31-12-1975 and claimed deduction thereof under section 54 of the Income-tax Act, 1961 ('the Act'). The ITO disallowed the claim for deduction holding that the benefit of the provisions of section 54 of the Act was not available to the assessee who was not a natural person but a…

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