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ITAT held that delay of 19 days in uploading Form 10BB, though filed before the return of income and available at the time of processing, was merely procedural and not fatal to the assessee's claim of exemption u/s 11 and 12. It ruled that even if the assessee had not approached the competent authority u/s 119, the CIT(A), exercising appellate powers u/s 251, was competent to condone such delay. ITAT condoned the delay, set aside the denial of exemption, and directed the AO to consider the audit report and decide the exemption claim afresh in accordance with law.
ITAT held that delay of 19 days in uploading Form 10BB, though filed before the return of income and available at the time of processing, was merely procedural and not fatal to the assessee's claim of exemption u/s 11 and 12. It ruled that even if the assessee had not approached the competent authority u/s 119, the CIT(A), exercising appellate powers u/s 251, was competent to condone such delay. ITAT condoned the delay, set aside the denial of exemption, and directed the AO to consider the audit report and decide the exemption claim afresh in accordance with law.
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