" IN THE INCOME TAX APPELLATE TRIBUNAL “E” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VP AND SHRI VIKRAM SINGH YADAV, AM SA No. 47/Mum/2025 (Arising out of ITA No. 945/Mum/2025) (Assessment Year: 2017-18) Kerala Catholic Association KCA Bhavan, St. Francis of Asis International School, P. L. Lokhande Marg, Chembur, Mumbai-400 043 Vs. Income Tax Officer (Execmption) Ward 1(4) Room No. 612, 6th Floor, Cumballa Hill, MTNL TE Building, Peddar Road, Dr. Gopalrao Deshmukh Marg, Mumbai-400 026 PAN/GIR No. AAATK 3121 E (Applicant) : (Respondent) Applicant by : Shri Tanzil R. Padvekar Respondent by : Shri Bangepatil Pushkaraj Ramesh Date of Hearing : 21.03.2025 Date of Pronouncement : 21.03.2025 O R D E R Per Saktijit Dey, VP: The captioned application has been filed by the assessee, seeking stay on recovery of outstanding demand of Rs.51,56,607/-, pertaining to the assessment year (A.Y. for short) 2017-18. 2. The ld. Counsel appearing for the assessee, submitted that the disputed demand arises due to denial of exemption claimed u/s. 11 of the Act, for belated furnishing of Form 10. He further submitted that though post assessment, the assessee has paid 20% of the outstanding demand and intimation of such payment was also furnished before the Assessing Officer (AO), however, the A.O. has passed an order attaching the bank account, as well rejecting the stay application. He further submitted that the appeal is already fixed for hearing on 08.04.2025. He submitted that due to attachment of bank account, the 2 SA No. 47/Mum/2025 (A.Y. 2017-18) Kerala Catholic Association vs. ITO(E) activities of the assessee which involves running of school is severely affected, jeopardizing the education of the students. Thus, he submitted that the attachment order be recalled and the recovery of the balance demand be stayed till disposal of the appeal. 3. The learned Departmental Representative ('ld. DR' for short) opposed the grant of stay. 4. We have considered the rival submissions and perused the materials available on record. Insofar as, the merits of the issue arising in appeal is concerned, it has to be looked into at the time of hearing of the appeal and not at this stage. After considering the prima facie case, balance of convenience and also the fact that the assessee has paid 20% of the outstanding demand, we are inclined to grant stay on recovery of the balance demand for a period of 180 days from the date of this order or till the disposal of the corresponding appeal, whichever is earlier. Further, we vacate the attachment order so passed by the A.O. We make it clear that in the event of any adjournment being sought by the assessee, the stay granted is likely to be vacated. Paper books, if any, must be filed sufficiently ahead of the date of hearing. 5. In the result, the stay application is allowed as indicated above. Order pronounced in the open court on 21.03.2025. Sd/- Sd/- (Vikram Singh Yadav) (Saktijit Dey) Accountant Member Vice President Mumbai; Dated : 21.03.2025 Roshani, Sr. PS 3 SA No. 47/Mum/2025 (A.Y. 2017-18) Kerala Catholic Association vs. ITO(E) 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 "