The ITAT allowed the assessee's appeal and set aside the...

The ITAT allowed the assessee's appeal and set aside the addition of Rs.50 lakhs by directing deletion of the disallowance under section 11(2). The Tribunal found both Form No.10 and Form No.10BB were filed within the statutory due date, and the revised audit report in Form No.10BB rectifying the mismatch was submitted to CPC before processing under section 143(1). Applying consistent tribunal precedent, the ITAT held such rectification constitutes compliance with statutory requirements and precludes denial of exemption under section 11. The CPC's disallowance, sustained by the Ld. CIT(A), was held not in accordance with law and the exemption was restored.

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