CIT v. R.Mohen Kala

6 SCC 2Reported decision2007#14301 most cited
7

judgments rely on this decision, according to BharatTax’s citation analysis of 348,631 Indian tax judgments — from 2024 to 2025.

Sections most often in play

Section 36(1)(iii)Section 40(a)(ia)Section 68

Issues it is cited on

section 113bogus share capitalsection 142aonus of proofreference to tporetrospective amendmentsection 158bbsource of sourcerejection of books of accountblock periodsection 50csection 50

Judgments citing CIT v. R.Mohen Kala

Deputy Commissioner of Income Tax Central Circle-1(3), Nagpur vs. M/S. Fuelco Coal India Ltd., Nagpur

Appeal of the Revenue is dismissed

ITA 90/NAG/2022[2014-15]Status: DisposedITAT Nagpur14 Feb 2025AY 2014-15

Bench: Shri V. Durgarao & Shrik.M. Roy, Accountant, Member

For Appellant: Shri Kishore P. DewaniFor Respondent: Shri Sandipkumar Salunke
Section 143(2)Section 143(3)Section 36(1)(iii)Section 40Section 40aSection 68

…is not enough that money came through banking channels In the assessment order, the AO has relied on the decisions of the H'ble Supreme Court in the case of Sumati Dayal vs CIT [1995 AIR 2019, 1995 SCC Suppl.2 453] and the case of CIT vs P. Mohanakala [2007] [6 SCC 2 However, in my considered opinion the facts and circumstances involved and that assessee must offer proper, reasonable and acceptable explanation as regards the sums credited in the books maintained by the assessee. However, this does not imply that explanations offered by the assessee can be rejected based on hypothesis or conjectures. In Sumati Day…

Assistant Commissioner of Income Tax, Central Circle-1(1), Nagpur vs. M/S. Radha Radhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 49/NAG/2021[2013-14]Status: DisposedITAT Nagpur29 Jul 2024AY 2013-14

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

Assistant Commissioner of Income Tax, Central Circle-1(1), Nagpur vs. M/S. Radha Madhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 48/NAG/2021[2012-13]Status: DisposedITAT Nagpur29 Jul 2024AY 2012-13

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

Assistant Commissioner of Income Tax, Central Circle-1(1), Nagpur vs. M/S. Radha Madhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 47/NAG/2021[2011-12]Status: DisposedITAT Nagpur29 Jul 2024AY 2011-12

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

Assistant Commissioner of Income Tax, Central Circle-1(1), Nagpur vs. M/S. Radha Madhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 140/NAG/2021[2018-19]Status: DisposedITAT Nagpur29 Jul 2024AY 2018-19

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

Asstt.Commissioner of Income Tax Central Circle-1(1), Nagpur vs. M/S Radha Madhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 27/NAG/2020[2015-16]Status: DisposedITAT Nagpur29 Jul 2024AY 2015-16

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

Asstt.Commissioner of Income Tax Central Circle-1(1), Nagpur vs. M/S Radha Madhav Developer, Nagpur

In the result, all the six appeals preferred by the department are dismissed

ITA 26/NAG/2020[2014-15]Status: DisposedITAT Nagpur29 Jul 2024AY 2014-15

Bench: Shri V. Durga Rao & Shri K.M. Roy, Accountant, Member

Section 142ASection 145

…cts stated above, I am not in agreement with the view taken by the AO that the appellant was not able to prove the nature and source of the unsecured loan. 6.2 The AO in the assessment order on page 5 has referred to the case of in CIT v/s R.Mohen Kala (2007) 6 SCC 2, in that case the subject matter was transaction which though apparent were held to be not real one. However, I find that in this case, the creditor company had its own credit balance at its deposal referred to the case of Precision Finance Pvt. Ltd. and the judgment in the case of Sumati Dayal [214 ITR 801]. The facts of this case do not apply as th…

CIT v. R.Mohen Kala (6 SCC 2) — Cited in 7 Judgments | BharatTax