CIT v. Nirmal Textiles

224 ITR 378High Court1997#19943 most cited

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2019 to 2024.

Sections most often in play

Section 143(3)Section 54

Judgments citing CIT v. Nirmal Textiles

Shipra Bhagwan Chandra Shukla, Bandra West vs. Income Tax Officer Ward 25(1)(2) Mumbai, Mumbai

Appeal is dismissed in above terms

ITA 4532/MUM/2023[2015-16]Status: DisposedITAT Mumbai26 Jul 2024AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Omkareshwar Chidara

For Appellant: Shri Divyesh Shah, C.AFor Respondent: Shri Prashant Mahajan, Sr. AR

Section 143(3)Section 54Section 54(1)

…sessee’s instant sole substantive grievance once the statute itself stands amended by way of the foregoing substitution in sec.54(1) of the Act. 4 ITA.No.4532/MUM./2023 5. Learned authorized representative at this stage quotes CIT vs., Nirmal Textiles [1997] 224 ITR 378 (Guj.) that the position regarding applicability of the tax laws in such an instance has to be seen as on the date of transfer which is 12.06.2014 which is well before the cut-off date herein 01.04.2015 (supra). We note that such an issue of interpretation of a subsequent amendment had never arisen before their lordships’ as it is evident from th…

Hema Raman, Haryana vs. AO Ward-1, Panipat

In the result, the appeal of the assessee is allowed

ITA 1012/DEL/2022[2017-18]Status: DisposedITAT Delhi12 May 2023AY 2017-18

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kedia

For Appellant: Shri Hari Om Jindal, CAFor Respondent: Shri T. James Singson, CIT-DR

Section 115BSection 133ASection 143(3)Section 263Section 263(1)Section 68

…in the assessment year unless otherwise provided expressly or by necessary implication. There is no question of the assessee possessing any vested right under the law as it stood before the amendment. The Hon’ble Gujarat in the case of CIT vs. Nirmal Textiles 224 ITR 378 (Guj.) observed as under: “Section 4 of the Act is the charging section which provides that where any Central Act enacts that income-tax shall be charged for any assessment year at any rate or rates, income-tax at that rate or those rates shall be charged for that year in accordance with, and subject to the provisions of the Act in respect of th…

Gurvinder Kaur Bhatia, Indore vs. Pr. CIT-2, Indore

In the result, both the appeals of the assessee(s) in ITANo

ITA 151/IND/2019[2015-16]Status: DisposedITAT Indore18 Dec 2019AY 2015-16

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

Section 263

…T vs. Sunbeam Auto Ltd. (20100 189 Taxman 436 (Del) 8. With regard to the contention that the amendment brought in Finance Act 2013 in Explanation (1) to section 10(10D) is prospective in nature, assessee relied following judgments: 1. Nirmal Textiles (1997) 224 ITR 378 (Gujarat High Corut) 2. CIT vs. Essar Teleholding Ltd. (2018) 3 SCC 253 3. CIT vs. M/s Shah Sadiq and Sons (1987) 3 SCC 516 4. CIT vs. Vatika Township Private ltd. (2015) 1SCC 1 5. CIT vs. Sarkar Builders (2015) 7 SCC 579 9. Per contra Ld. Departmental Representative(DR) vehemently argued strongly supporting the detailed finding of Ld. Pr. CIT.…

Harleen Kaur Bhatia, Indore vs. Pr. CIT-2, Indore

In the result, both the appeals of the assessee(s) in ITANo

ITA 150/IND/2019[2015-16]Status: DisposedITAT Indore18 Dec 2019AY 2015-16

Bench: Shri Kul Bharat & Shri Manish Boradassessment Years: 2015-16

Section 263