CS BUSINESS SERVICES (INDIA) PRIVATE LIMITED,MUMBAI V. ASSESSING OFFICER, MUMBAI

SA 161/MUM/2025

AI Insights

The case involves Cs Business Services (India) Private Limited, which filed a stay application against an outstanding demand for the assessment year 2022-23. The demand included disputed tax and interest under sections 234B & C of the Income Tax Act, arising from a final assessment order. The assessee contested the additions made by the Assessing Officer, which were based on the directions of the Dispute Resolution Panel (DRP), and also challenged the validity of the final assessment order for being beyond the specified period of limitation. The tribunal, after considering the submissions and the willingness of the assessee to pay 20% of the demand, granted the stay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 792054 (ITAT-MUMBAI)
• Duration Of Justice: 1 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 12-12-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: K
• Assessment Year: misc
• Appeal Filed On: 11-12-2025
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ANNAVARAM K.
• Keywords: Period of limitation; Application of stay
• Section: 234B

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL “K” BENCH, MUMBAI BEFORE SMT. BEENA PILLAI (JUDICIAL MEMBER) AND SHRI ARUN KHODPIA (ACCOUNTANT MEMBER) S.A. No. 161/Mum/2025 I.T.A. No. 8412/Mum/2025 Assessment Year: 2022-23 Cs Business Services (India) Private Limited Unit No. 2001, 20th Floor Tower 3 (Wing C) One International Center Senapati Bapat Marg Parel Mumbai - 400013 [PAN: AADCC0742K] Vs. Assessing Officer, National Faceless Assessment Centre {NFAC} (Appellant) (Respondent) Assessee by None Revenue by Shri Annavaram K., (Sr. DR) Date of Hearing 12.12.2025 Date of Pronouncement 12.12.2025 ORDER Per Smt. Beena Pillai, JM: The present stay application is filed by the assessee seeking stay of outstanding demand of Rs. 2,37,44,340/- for assessment year 2022-23 which comprises of the disputed tax and interest u/s 234B & C of the Act. 2. It is submitted that, the above demand is raised on the assessee pursuant to the final assessment order dated 16/10/2025 passed by Assessment Unit u/s 143 r.w.s. 144C(13) r.w.s. 144B of the Act. It is submitted that, against this order, assessee has preferred appeal before this Tribunal in ITA No. 8412/Mum/2025. Printed from counselvise.com 2 S.A. No. 161/Mum/2025 3. The Ld.AR submitted that, the additions made by Ld.AO pursuant to the directions of DRP are in respect of certain comparables which is sought to be excluded by assessee. He submitted that assesse has also raised an issue challenging the validity of the final assessment order having been not passed within the period of limitation specified u/s 153(3) of the Act. However, Ld.AR submitted that, assessee is willing to pay 20% of the outstanding demand against which stay may be granted to assessee. 3.1. Ld.DR did not object to the submissions of assessee. 4. We have perused the submissions advanced by both the sides in light of the records placed before us. Assesse is directed to deposit 20% of the outstanding demand by 15/01/2026. The stay order will be in operation for a period of 180 days from the date of this order or till disposal of the appeal whichever is earlier. The registry is directed to post the appeal for hearing on 20/01/2026. No further notice of hearing will be issued to either side in respect of the same. In the result, stay application filed by assessee stands allowed as per above terms. Order pronounced in the open court on 12/12/2025 ]Sd/- Sd/- (ARUN KHODPIA) (BEENA PILLAI) Accountant Member Judicial Member Mumbai Dated: 12/12/2025 SC Sr. P.S. Printed from counselvise.com 3 S.A. No. 161/Mum/2025 Copy of the order forwarded to: (1)The Appellant (2) The Respondent (3) The CIT (4) The CIT (Appeals) (5) The DR, I.T.A.T. True Copy By order (Asstt. Registrar) ITAT, Mumbai Printed from counselvise.com "