Dharmashibhai Sonani v. ACIT

161 ITD 627Income Tax Appellate Tribunal2016#2408 most cited

What is Dharmashibhai Sonani v. ACIT authority for?

Dharmashibhai Sonani holds that if a statutory proviso is declaratory and curative, intended to remedy unintended consequences of a main provision, it should be given retrospective effect. This principle applies when determining the effective date of such provisos, including the third proviso to Section 50C(1).

48

judgments rely on this decision, according to BharatTax’s citation analysis of 366,314 Indian tax judgments — from 2018 to 2026.

Also referred to as

Dharmashibhai Sonani v. ACIT · Section 50C · Section 50C(1) third proviso · retrospective effect · declaratory proviso · curative proviso · unintended consequences · stamp duty value · full value of consideration · capital gains · ITAT Ahmedabad

Issues it is cited on

Judgments citing Dharmashibhai Sonani v. ACIT

Darshini Amit Sharma, Daman vs. Income Tax Officer, Ward, Daman

In the result, the appeal of the assessee is allowed

ITA 1345/SRT/2025[2017-18]Status: DisposedITAT Surat19 Mar 2026AY 2017-18

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. No. 1345/Srt/2025 (निर्धारण वर्ष / Assessment Year : 2017-18) Darshini Amit Sharma बनाम / Vs. Income Tax Officer Ward Daman, Daman 207, Spectra Housing Society, Veera Desai Road, Andheri West, Mumbai, Maharashtra - 400053 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Blhps5706E (Appellant) (Respondent) अपीलार्थी ओर से / Appellant By : Shri Chetan Agrawal, Ar प्रत्यर्थी की ओर से/Respondent By : Shri Ajay Uke, Sr. Dr Date Of Hearing Date Of Pronouncement 16/03/2026 19/03/2026 Order The Present Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi (Hereinafter Referred To As “Cit(A)") Dated 30.09.2025 Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act") & Relates To

For Appellant: Shri Chetan Agrawal, ARFor Respondent: Shri Ajay Uke, Sr. DR
Section 250Section 50(1)Section 50C(1)Section 56(2)(x)

…Act and its conclusion that the said proviso is declaratory and curative and has retrospective effect from 1st April 2005, merits acceptance". The same was the path followed by another bench of this Tribunal in the case of Dharmashibhai Sonani Vs ACIT [(2016) 161 ITD 627 (Ahd)] which has been approved by Hon'ble Madras High Court in the judgment reported as CIT Vs Vummudi Amarendran [(2020) 429 ITR 97 (Mad)]. The question that we must take a call on, therefore, is as to what is the rationale behind the insertion of the third proviso to Section 50C(1), and if that rationale is to provide a remedy for unintended co…