THE ASSTT. COMMISSIONER OF INCOMETAX, CENTRAL CIRCLE-1(2), AHMEDABAD V. SANKALP ORGANISERS PRIVATE LIMITED, AHMEDABAD

MA 121/AHD/2025

AI Insights

The case involves two Miscellaneous Applications filed by the Revenue against a common appellate order concerning M/s. Sankalp Organisers Private Limited for the Assessment Year 2014-15. The applications pertained to the non-adjudication of a specific ground in the appellate order which involved an addition of Rs. 6,44,50,000 made by the Assessing Officer under section 68 of the Income-tax Act, 1961, alleging unexplained cash credits. The Tribunal acknowledged the oversight and allowed the recall of the Revenue's appeal for re-hearing. Conversely, the application against the assessee's appeal was dismissed as the Revenue did not raise any issues.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 841258 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-02-2026
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2014-2015
• Appeal Filed On: 04-12-2025
• Laws Referred To: Income-tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Unexplained cash credit
• Section: 68

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “A” BENCH Before: Smt. Annapurna Gupta, Accountant Member And Shri T.R. Senthil Kumar, Judicial Member The Asst. Commissioner of Income Tax, Central Circle-1(2), Ahmedabad (Appellant) Vs M/s. Sankalp Organisers Private Limited Sur. No. 207/20, F.P. No. 271/2, Sankalp House, B/h. Rajpath Club, Bodakdev, Ahmedabad Gujarat-380054 PAN: AAMCS2406H (Respondent) Revenue Represented: Shri Rameshwar P Meena, Sr. D.R Assessee Represented: Shri Tushar Hemani, Sr. Adv. & Shri Kushal Fofaria, A.R. Date of hearing : 06-02-2026 Date of pronouncement : 24-02-2026 आदेश/ORDER PER : T.R. SENTHIL KUMAR, JUDICIAL MEMBER:- These two Miscellaneous Applications are filed by the Revenue as against the common appellate order dated 06-06-2025 in IT(SS)A No. 77/Ahd/2023 (Revenue Appeal) and IT(SS)A No. 48/Ahd/2023 (Assessee Appeal) relating to the Asst. Year 2014-15 with the following prayer: M.A. Nos: 121 & 122/Ahd/2025 (in IT(SS)A Nos: 48 & 77/Ahd/2023) Assessment Year: 2014-15 Printed from counselvise.com M.A. Nos. 121 & 122/Ahd/2025 (in IT(SS)A Nos. 48 & 77/Ahd/2023) A.Y. 2014-15 ACIT Vs. Sankalp Organisers Pvt. Ltd. 2 1. On the facts and in the circumstances of the case, and in law, the Hon'ble ITAT has erred in its order dated 06.06.2025 by not providing a finding on the specific ground of appeal pertaining to the addition of Rs. 6,44,50,000/- made by the Assessing Officer under section 68 of the Income-tax Act, 1961, on account of alleged unexplained cash credits. 2. Ld. Sr. Counsel Shri Tushar Hemani appearing for the assessee fairly submitted that though Ground Nos. 1 & 2 adjudicated by this Tribunal in Revenue appeal, Ground No. 3 was not adjudicated in this common order. 3. Considering the submissions made by rival parties and perusal of records, we found that Ground no. 3 raised by the Revenue is not adjudicated in the common order, which is an apparent mistake on record. Therefore to that extent, the Revenue appeal in IT(SS)A No. 77/Ahd/2023 is recalled and directed to be posted for regular hearing in due course. 4. In the result, the Miscellaneous Application No. 122/Ahd/2025 filed by the Revenue is hereby allowed. 5. M.A. No. 121/Ahd/2025 is also filed by the Revenue as against the assessee appeal order, however there is no grievance by the Revenue on this appeal. Hence this Miscellaneous Application No. 121/Ahd/2025 filed by the Revenue is hereby dismissed. Order pronounced in the open court on 24 -02-2026 Sd/- Sd/- (ANNAPURNA GUPTA) (T.R. SENTHIL KUMAR) ACCOUNTANT MEMBER True Copy JUDICIAL MEMBER Ahmedabad : Dated 24/02/2026 आदेश कȧ ĤǓतͧलͪप अĒेͪषत / Copy of Order Forwarded to:- Printed from counselvise.com M.A. Nos. 121 & 122/Ahd/2025 (in IT(SS)A Nos. 48 & 77/Ahd/2023) A.Y. 2014-15 ACIT Vs. Sankalp Organisers Pvt. Ltd. 3 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file. By order/आदेश से, उप/सहायक पंजीकार आयकर अपीलȣय अͬधकरण, अहमदाबाद Printed from counselvise.com "