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ITAT allowed the appeal regarding denial of exemption under section 11 for non-submission of audit report in Form 10B within prescribed time limits. The tribunal found that audit report was uploaded before the due date under section 139(4), though filed after the return. Relying on precedents from Gujarat HC in Anjana Foundation and ITAT Kolkata in Bangarh Educational Welfare Trust, the tribunal held that filing audit report constitutes a procedural requirement rather than substantive compliance. The delay was attributed to COVID-19 pandemic restrictions. ITAT directed the assessing officer to decide the section 11 exemption claim after accepting the belatedly filed Form 10B, treating procedural lapses as curable defects rather than fatal non-compliance warranting exemption denial.
ITAT allowed the appeal regarding denial of exemption under section 11 for non-submission of audit report in Form 10B within prescribed time limits. The tribunal found that audit report was uploaded before the due date under section 139(4), though filed after the return. Relying on precedents from Gujarat HC in Anjana Foundation and ITAT Kolkata in Bangarh Educational Welfare Trust, the tribunal held that filing audit report constitutes a procedural requirement rather than substantive compliance. The delay was attributed to COVID-19 pandemic restrictions. ITAT directed the assessing officer to decide the section 11 exemption claim after accepting the belatedly filed Form 10B, treating procedural lapses as curable defects rather than fatal non-compliance warranting exemption denial.
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