Section 143

Sec. 143(3)

Allahabad H.C : Whether on the facts and circumstances of the case, the ITAT has erred in law and fact by not setting aside the issue of addition of Rs. 3,38,72,852/-on non-genuine purchases to the file of the CIT(A) while the learned ITAT quashed the direction of CIT(A) on the same especially in view of the fact that the ITAT is the ultimate fact finding authority, it should have either settled the issue on the basis of material on record or set aside the matter to the CIT(A) for deciding within the powers vested in it?

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High Court Of Allahabad Pr.CIT vs. Meerut Roller Flour Mills (P) Ltd. Section 143(3) Asst. Year 2009-10 Bharati Sapru &

Sec. 2(22)(E), Sec. 142(1), Sec. 143(2), Section 132, Section 142, Section 153

Karnataka H.C : Agreement between the assessee and Smt. Vandana Poddar dated 24.05.2004 (seized documents A/BP/1) to pay her Rs.11 Crores and the payment of Rs. 11.05 Crores by MEL at the instance of the assessee who was the MS and the shareholder to M/s. Solid Real Estate Private Limited and in turn to Smt. Vandana Poddar would amount to deemed dividend as per Section 2(22)(e) of the Act, and the judgments of the Apex Court in 229 ITR 444, 290 ITR 893

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High Court Of Karnataka CIT (Central) And Anr. vs. Basant Poddar Section 2(22)(e), 132, 142(1), 143(2), 153A Asst. Year 2004-2005

Sec. 143(3), Income Tax Case Laws

Madras H.C : The loss incurred from the transactions relating to the mutual fund units as a ‘capital loss’ based on the treatment given in the books of account as against the claim of ‘revenue loss’ even tough nomenclature in the books of account would not be decisive factor/test to ascertain the intention of the assessee

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High Court Of Madras Calibre Financial Services Limited vs. ITO Section 143(3) Asst. Year 2001-02 T.S.Sivagnanam & V.Bhavani Subbaroyan, JJ.

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