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Issues: Whether exemption under section 11 of the Income-tax Act, 1961 could be denied for failure to file Form 10B as required under section 12A(1)(b) when Form 10BB had been filed before processing under section 143(1).
Analysis: The amended circular for assessment year 2023-24 required filing of Form 10B and not Form 10BB. The assessee had filed only Form 10BB, while Form 10B remained unfiled. The filing requirement was treated as a statutory condition for availing exemption, and the case law relied upon for treating the default as merely procedural was found inapplicable on the facts because the prescribed form itself had not been furnished.
Conclusion: The denial of exemption was upheld and the assessee's claim failed.
Final Conclusion: The appeal was rejected, and the disallowance of exemption was sustained in favour of the Revenue.
Ratio Decidendi: Where the statute and the applicable CBDT instructions prescribe a specific form as a condition for exemption, filing a different form does not satisfy the mandatory requirement.