CIT v. Vithalbhai P. Patel

236 ITR 1001High Court1999#17315 most cited
5

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2015 to 2020.

Also reported as

102 Taxmann 36
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Judgments citing CIT v. Vithalbhai P. Patel

DCIT, Circle-2(2), New Delhi vs. Anant Raj Ltd., New Delhi

The appeal is allowed partly as indicated above

ITA 5238/DEL/2017[2012-13]Status: DisposedITAT Delhi27 Nov 2020AY 2012-13

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…nt facts are on record in respect of the item. 46. It is well established law that when a transfer of property becomes null and void for reasons of subsequent events, no capital gains can accrue thereon. In support, reliance was placed on Vithalbhai P. Patel 236 ITR 1001 (Guj) and Anant Chunilal Kate v. ITO [2004] 267 ITR 482 (Bom) followed by Narang Overseas (P.) Ltd 111 ITD 1 (Mumbai) (SB). Accordingly, he submitted when no capital gain accrues, then no tax is payable thereon. 47. The Ld. AR further submitted that it is the duty and power of this Court to take into consideration all the subsequent events in t…

DCIT, Circle-2(2), New Delhi vs. Anant Raj Ltd., New Delhi

The appeal is allowed partly as indicated above

ITA 5237/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…nt facts are on record in respect of the item. 46. It is well established law that when a transfer of property becomes null and void for reasons of subsequent events, no capital gains can accrue thereon. In support, reliance was placed on Vithalbhai P. Patel 236 ITR 1001 (Guj) and Anant Chunilal Kate v. ITO [2004] 267 ITR 482 (Bom) followed by Narang Overseas (P.) Ltd 111 ITD 1 (Mumbai) (SB). Accordingly, he submitted when no capital gain accrues, then no tax is payable thereon. 47. The Ld. AR further submitted that it is the duty and power of this Court to take into consideration all the subsequent events in t…

Anant Raj Ltd., New Delhi vs. DCIT, Circle-2(2), New Delhi

The appeal is allowed partly as indicated above

ITA 4736/DEL/2017[2009-10]Status: DisposedITAT Delhi27 Nov 2020AY 2009-10

Bench: Shri Amit Shukla & Shri Prashant Maharishi

For Appellant: Shri Sanjay Goel, CIT-DRFor Respondent: Shri Vinod Kumar Bindal, CA; Ms
Section 143(3)Section 147Section 148Section 50

…nt facts are on record in respect of the item. 46. It is well established law that when a transfer of property becomes null and void for reasons of subsequent events, no capital gains can accrue thereon. In support, reliance was placed on Vithalbhai P. Patel 236 ITR 1001 (Guj) and Anant Chunilal Kate v. ITO [2004] 267 ITR 482 (Bom) followed by Narang Overseas (P.) Ltd 111 ITD 1 (Mumbai) (SB). Accordingly, he submitted when no capital gain accrues, then no tax is payable thereon. 47. The Ld. AR further submitted that it is the duty and power of this Court to take into consideration all the subsequent events in t…

M/S. Sunnygold Wineries Private Ltd., Pune vs. Joint Commissioner of Income-Tax

In the result, appeal of the assessee is partly allowed for statistical purpose

ITA 703/PUN/2015[2010-11]Status: DisposedITAT Pune18 Jul 2018AY 2010-11

Bench: Shri D. Karunakara Rao, Am & Shri Vikas Awasthy, Jm आयकर अपील सं. / Ita No.703/Pun/2015 "नधा"रण वष" / Assessment Year : 2010-11

For Appellant: Shri Sunil PathakFor Respondent: Shri Rajeev Kumar, CIT DR
Section 38

…the assessee with M/s. Kider (India) Pvt. Ltd is not void as the sale deed is already registered in the year under consideration. For his proposition, the Ld. AR relied on the judgment of Hon’ble Gujrat High Court in the case of CIT Vs. Vithalbhai P. Patel, 236 ITR 1001. This is a case where the assessee sold certain plots and did not recognize income in the year as the said sale transactions were stopped by District Magistrate of the District, Surat. Ignoring the same, the Assessing Officer taxed the said income relatable to the said void or illegal sale transactions. The Tribunal granted relief to the ass…

Govardhan G Vanani, Mumbai vs. DCIT (OSD-1) Cen RG-7, Mumbai

ITA 3247/MUM/2013[2010-11]Status: DisposedITAT Mumbai04 Dec 2015AY 2010-11

Bench: Shri Saktijit Dey & Shri Ashwani Tanejaassessment Year: 2011-12 M/S Govardhan G. Vanani, Dcit (Osd-1) Cent 112-115, Jewel, Tata Rd-2, Rg-7 बनाम/ Opera House, Vs. Mumbai -400004 Mumbai (Assessee) (Revenue) P.A. No.Aabpv5861F

Section 143(3)Section 63

…l Land Act, 1948 wherein it has been provided that the transfer of agricultural land to non-agriculturists was barred under the law. He relied, in support of his view, upon the judgment of Hon’ble Gujarat High Court in the case of CIT vs. Vithalbhai P. Patel [236 ITR 1001] and a judgment of Hon’ble Supreme Court in the case of Ramanlal Bhailal Patel & Ors. Vs. State of Gujarat (2008) 5 SCC 499, wherein it has been held that any transfer in violation of section 63 of the Gujarat Tenancy & Agricultural Land Act, 1948 shall be void in the eyes of law. 4.2. It was further submitted by Ld. Counsel that the assesse ha…

CIT v. Vithalbhai P. Patel (236 ITR 1001) — Cited in 5 Judgments | BharatTax