SMART CUBE INDIA PRIVATE LIMITED,PUNE V. DCIT, CIRCLE 2(3)(1), MUMBAI

SA 123/MUM/2024

AI Insights

The case involves Smart Cube India Pvt. Ltd., which filed a stay application against the Deputy Commissioner of Income Tax, Mumbai, concerning an outstanding demand for the Assessment Year 2021-22. The assessee argued that the issues were covered in their favor by previous appellate orders and highlighted that a significant portion of the demand had already been recovered through adjustments from refunds of other years. The Departmental Representative opposed the stay, suggesting further payment from the assessee. The Tribunal decided to grant the stay, emphasizing the need for both parties to expedite the appeal process and warning that any adjournment by the assessee could lead to the vacation of the stay.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 839984 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 5 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 27-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2021-2022
• Appeal Filed On: 21-11-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BHAGIRATH RAMAWAT
• Keywords: Application of stay
• Section: 2

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “H” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VP AND SHRI GIRISH AGRAWAL, AM Stay Application No. 123/Mum/2024 [ITA No. 5993/Mum/2024] Smart Cube India Pvt. Ltd., 5th Floor, Tower I Cybercity, Magarpatta City, Hadapsar, Pune Vs. DCIT – 2(3)(1) Mumbai PAN/GIR No. AAHCS 8978H (Applicant) : (Respondent) Applicant by : Shri Girsh Sorthia Respondent by : Shri Bhagirath Ramawat, Sr. DR Date of Hearing : 27.02.2026 Date of Pronouncement : 27.02.2026 O R D E R Captioned application has been filed by the assessee seeking stay on recovery of outstanding demand of Rs.3,63,92,308/- pertaining to Assessment Year (A.Y.) 2021- 22. 2. Before us, learned counsel for the assessee submitted that on merits issues are covered in favour of the assessee by appellate orders passed in assessee’s case for earlier assessment year. Learned counsel further submitted that, in the meanwhile, the Assessing Officer has adjusted an amount of Rs.1,04,28,469/- out of the crystalized refund of other years against current years’ demand. He submitted, through such adjustment 28.66% of the demand has been recovered, Hence, he requested for grant of stay. Printed from counselvise.com 2 SA Nos. 123/Mum/2024 Smat Cube India P. Ltd. 3. Learned Departmental Representative (DR), while opposing grant of stay submitted that the assessee may be directed to pay further amount. 4. We have considered rival submissions and perused the materials on record. Keeping in view the submissions of learned counsel for the assessee that issues on merit are covered in favour of the assessee by earlier decision in its own case and also the fact that more than 20% of the outstanding demand has been recovered, post completion of assessment, we are inclined to grant stay on recovery of the balance outstanding demand for a period of 180 days from the date of this order or till the disposal of the corresponding appeal, whichever is earlier. On perusal of record, it is observed that though the appeal has come up for hearing on multiple occasions however, due to repeated adjournment being sought by the Department, hearing could not proceed. Keeping in view assessee’s submission that issues are covered in its favour, the assessee must come forward to argue the appeal on merits. Department should also cooperate in finalization of the appeal. We make it clear, in the event of any adjournment being sought by the assessee, the stay granted is likely to be vacated. 5. In the result, stay application is allowed in the terms indicated above. Order pronounced in the open court on 27.02.2026 (Girish Agrawal) (Saktijit Dey) Accountant Member Vice President Mumbai; Dated : 27.02.2026 Aks/- Printed from counselvise.com 3 SA Nos. 123/Mum/2024 Smat Cube India P. Ltd. Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT - concerned 4. DR, ITAT, Mumbai 5. Guard File BY ORDER, (Dy./Asstt. Registrar) ITAT, Mumbai Printed from counselvise.com "