Sri Sudipta Ghosh, Kolkata vs. DCIT, Cir-15, Kolkata
In the result, I.T.A. No. 583/Kol/2016, Assessment Year: 2007-08, is allowed in part
ITA 581/KOL/2016[2005-2006]Status: DisposedITAT Kolkata31 Jan 2018AY 2005-2006
Bench: Sri J. Sudhakar Reddy, Hon’Ble]
Section 143(3)Section 250
…eless No. 1, viz., the source whence the purchase money came, is by far the most important test for determining whether the sale standing in the name of one person, is in reality for the benefit of another." 17. In Rai Bahadur Mohan Singh Oberoi v. CIT [1973] 88 ITR 53 (SC), relying on the decision in Sree Meenakshi Mills Ltd. v. CIT [1957] 31 ITR 28 (SC), it was laid down that a finding on the point as to whether a purchase was made benami or not, would be a finding of fact and if it is based upon some evidence, then such a finding cannot be interfered with by the High Court in a reference, The finding of benami…