https://www.taxtmi.com/caselaws?id=21531 HC held that the requirement under section 12A(b) to file the audit report in Form 10B along with the return is procedural and directory, not mandatory, where the trust has actually obtained the audit report before completion of assessment. Since the assessee had the audit report prior to assessment and was not given an opportunity to file it, the omission was a curable defect. The appellate authority, having coterminous powers with the Assessing Officer, was competent to accept the audit report and direct a fresh assessment. Accordingly, HC upheld the Tribunal's direction to the Assessing Officer to accept Form 10B and reconsider the assessee's claim for exemption under section 11. en-us Wed, 24 Jul 1991 00:00:00 +0530 Mon, 08 Dec 2025 12:15:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=21531 HC held that the requirement under section 12A(b) to file the audit report in Form 10B along with the return is procedural and directory, not mandatory, where the trust has actually obtained the audit report before completion of assessment. Since the assessee had the audit report prior to assessment and was not given an opportunity to file it, the omission was a curable defect. The appellate authority, having coterminous powers with the Assessing Officer, was competent to accept the audit report and direct a fresh assessment. Accordingly, HC upheld the Tribunal's direction to the Assessing Officer to accept Form 10B and reconsider the assessee's claim for exemption under section 11. Case-Laws Income Tax Wed, 24 Jul 1991 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=21531