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)

Chandra Mohan Badaya, Jaipur vs. DCIT, Central Circle-2, Jaipur

In the result the four appeals filed by the assessee stands

ITA 423/JPR/2024[2017-18]Status: DisposedITAT Jaipur27 Nov 2024AY 2017-18

Bench: Him In The Case Of The Assessee For All These Four Assessment Year.

For Appellant: Shri S. L. GuptaFor Respondent: Shri Ajay Malik (CIT-DR)

Section 143Section 69

…241 ITR 497 (Ker.). The legislature had laid down that in the absence of satisfactory explariation, the unexplained cash credit may be charged u/s 68 of the Act. Our view is fortified by the ratio laid down in Hon'ble Apex Court in CII v. P. Mohankala [2007] 291 ITR 278/161 Taxman 169. A close reading of section 68 and 69 of the Act makes it clear that in the case of section 68, there should be credit entry in the books of account whereas in the case of 69 there may not be an entry in such books of account. The law is wellsettled, the onus of proving the source of a sum, found to be received/transacted by the as…

DCIT 15(1)(2), Mumbai vs. Nikita Jewellers Pvt Ltd, Mumbai

In the result, the appeal of the Revenue is dismissed

ITA 2593/MUM/2023[2017-18]Status: DisposedITAT Mumbai14 Nov 2024AY 2017-18

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri B.R. Baskaranassessment Year 2017-18

For Appellant: Shri Vipul JoshiFor Respondent: Shri S. Srinivasu, CIT-DR

Section 68

…onus placed upon it u/s. 68 of the Act by not proving identity and creditworthiness of buyers and genuineness of the transactions. Accordingly, by placing reliance on the decision rendered by theHon’bleSupreme Courtin the case ofCIT vs. P. Mohanakala [2007] (291 ITR 278) and Vijay Kumar Talwar vs. CIT [2011] (330 ITR 1),the AOtook the view that the assessee has failed to prove the genuineness of the transactions. The AO also placed reliance on the decision rendered by the Hon’bleSupreme Courtin the case of Sumati Dayal 1995 AIR 2109 and held that the claim of cash sales is beyond the scope of human probability.…

Sarika Vitthal Gund, Ahmednagar vs. ITO, Ward-1, Ahmednagar

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1836/PUN/2024[2014-15]Status: DisposedITAT Pune11 Nov 2024AY 2014-15

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Prasad BhandariFor Respondent: Shri Arvind Desai, CIT-DR

Section 133(6)Section 142(1)Section 147Section 148Section 249(3)Section 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA Nos.1835 & 1836/PUN/2024 Assessment Years : 2013-14 & 2014-15 Sarika Vitthal Gund ITO, Ward-1, 1, Opp. Kedgaon Ves, Ahmednagar Vs. Near Nagar – Pune Road, Kedgaon, Ahmednagar – 414001 PAN: ANDPG5368F (Appellant) (Respondent) Assessee by : Shri Prasad Bhandari Department by : Shri Arvind Desai, CIT-DR Date of hearing : 23-10-2024 Date of pronouncement : 11-11-2024 O R D E R PER R. K. PANDA, VP : The above two appeals filed by the assessee are directed against the separat…

Sarika Vitthal Gund, Ahmednagar vs. ITO Ward-1, Ahmednagar

In the result, both the appeals filed by the assessee are allowed for statistical purposes

ITA 1835/PUN/2024[2013-14]Status: DisposedITAT Pune11 Nov 2024AY 2013-14

Bench: Shri R. K. Panda & Ms. Astha Chandra

For Appellant: Shri Prasad BhandariFor Respondent: Shri Arvind Desai, CIT-DR

Section 133(6)Section 142(1)Section 147Section 148Section 249(3)Section 69A

…IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND MS. ASTHA CHANDRA, JUDICIAL MEMBER ITA Nos.1835 & 1836/PUN/2024 Assessment Years : 2013-14 & 2014-15 Sarika Vitthal Gund ITO, Ward-1, 1, Opp. Kedgaon Ves, Ahmednagar Vs. Near Nagar – Pune Road, Kedgaon, Ahmednagar – 414001 PAN: ANDPG5368F (Appellant) (Respondent) Assessee by : Shri Prasad Bhandari Department by : Shri Arvind Desai, CIT-DR Date of hearing : 23-10-2024 Date of pronouncement : 11-11-2024 O R D E R PER R. K. PANDA, VP : The above two appeals filed by the assessee are directed against the separat…