What is CIT v. P. Mohanakala authority for?

The Supreme Court emphasized that in the absence of concrete rebuttal by the assessee, circumstantial evidence holds significant weight, applying the doctrine of preponderance of probability, particularly when assessing undisclosed income or unexplained cash credits.

How many judgments cite CIT v. P. Mohanakala?

525 judgments on BharatTax cite CIT v. P. Mohanakala (291 ITR 278), spanning 2007 to 2026.

Which sections of the Income Tax Act does CIT v. P. Mohanakala come up under?

It is most often cited in judgments turning on Section 68, Section 143(3), Section 147, Section 115BBE, Section 69C, Section 133(6).

CIT v. P. Mohanakala (291 ITR 278)

Shri Ashok Vakharia(HUF), 2009-10 vs. ITO Ward-24(3)(1), Mumbai

Appeal stands partly allowed

ITA 2994/MUM/2018[2009-10]Status: DisposedITAT Mumbai16 Sept 2019AY 2009-10

Bench: Shri Saktijit Dey, Jm & Shri Manoj Kumar Aggarwal, Am

For Appellant: Shri N.M. Porwal-Ld.ARFor Respondent: Shri Satish Chandra Rajore – Ld. DR

Section 143(3)Section 147Section 148Section 234ASection 69C

…roceedings. In the above background, it was concluded that the plea was not bona-fide and there was no violation of principle of natural justice as alleged by the assessee. 3.5 In the background of decision of Hon’ble Apex Court in CIT V/s P.Mohankala & Ors. [291 ITR 278] and also the decision of Hon’ble Bombay High Court in Naresh K. Pahuja V/s ITAT [375 ITR 526], it was held that payments through banking channel, simpliciter, would not establish the genuineness of the transactions and the primary onus casted upon assessee to prove the genuineness of the transactions remained undischarged. The strength was also…

Anoop Jain, New Delhi vs. ITO, Ward- 70(3), New Delhi

In the result, appeal of Assessee dismissed

ITA 5968/DEL/2018[2015-16]Status: DisposedITAT Delhi11 Sept 2019AY 2015-16

Bench: Shri Bhavnesh Saini

For Appellant: Ms. Nisha Singh, C.AFor Respondent: Shri S.L. Anuragi, Sr. D.R

…ssessee. Thus, assessee failed to prove ingredients of genuine gift in the matter. I rely upon Judgment of Hon’ble Delhi High Court in the case of CIT vs. Anil Kumar 292 ITR 554 (Del.), Judgment of Hon’ble Supreme Court in the case of CIT vs. P. Mohankala 291 ITR 278 (SC) and Judgment of Hon’ble Punjab & Haryana High Court in the case of Yashpal Goyal 9 ITA.No.5968/Del./2018 Shri Anoop Jain, New Delhi. vs. CIT 310 ITR 75. Considering the above discussion, it is clear that assessee failed to produce sufficient evidence or material on record to prove creditworthiness of the donor and genuineness of the gift…

Zachariayil Abraham Puthepurayil, Trivandrum vs. The ITO, WD-3, Trivandrum

In the result, the appeal filed by the assessee is allowed

ITA 329/COCH/2019[2008-09]Status: DisposedITAT Cochin22 Aug 2019AY 2008-09

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm

For Appellant: --- None --- (Written submission)For Respondent: Smt.A.S.Bindhu, Sr.DR

Section 143(3)Section 68

…ent postulated by the assessee in this regard looks to be an after though to which not much importance need be given at this point of time. The CIT(A) further observed that the judgment of the Hon'ble Supreme Court decision in the case of CIT vs P.Mohanakala {291 ITR 278} relied on by the Assessing Officer would squarely apply to the case of assessee and therefore, the other argument of the assessee that the decision won't apply to him is totally misplaced since in the said decision it was held that if in cases where the explanation offered by the assessee about the nature and source of the sums found credited in…

M/S Manish Finlease (P) Ltd, Patna vs. ITO, Ward-2(1), Patna

ITA 25/PAT/2019[2010-11]Status: DisposedITAT Patna09 Aug 2019AY 2010-11

Bench: Shri Chandra Mohan Garg & Laxmi Prasad Sahuassessment Year : 2010-2011 Manish Finlease Pvt Ltd., Vs. Ito, Ward 2(1), Patna Chandi House Exhibition Road, Patna Pan/Gir No.Aaccm 6252 B (Appellant) .. ( Respondent) Assessee By : Shri A.K.Rastogi & Rakesh Kumar, Ars Revenue By : Shri Indrajeet Singh, Dr Date Of Hearing : 20/06/ 2019 Date Of Pronouncement : 09/08/ 2019 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Cit(A)-1, Patna Dated 27.9.2018 For The Assessment Year 2010-2011. 2. The Appeal Filed By The Assessee Is Delayed By 51 Days. The Assessee Has Filed Application For Condonation Of Delay Stating The Reasons For Not Filing The Appeal In Time Before The Tribunal. After Hearing The Submissions Of The Parties, We Are Satisfied That The Assessee Had A Bonafide Reason For Not Filing The Appeal In Time. Therefore, We Condone The Delay & Proceed To Decide The Appeal Of The Assessee On Merits.

For Appellant: Shri A.K.Rastogi & Rakesh Kumar, ARsFor Respondent: Shri Indrajeet Singh, DR

Section 133(6)Section 143(2)Section 143(3)Section 147Section 148(1)Section 68

…at there were genuine borrowings as the facts car exclusively within assessee is knowledge. Therefore. cash credits, which are not satisfactory explained may be assessed as income from undisclosed source errors of the appellant. 9 3 In the case of P Mohnakala 291 ITR 278. the honourable Supreme Court had held that a bare reading of section 68 suggests that a) there has to be credit of amounts in the books maintained by the assessee: b) such credit has to be a sum of money during the previous year: and c) either (i) The assessee offers no expulsion about the nature and source of such credit is found in the books o…