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    <title>2025 (4) TMI 1715 - GUJARAT HIGH COURT</title>
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    <description>HC held that the assessee-trust could not be denied exemption under ss. 11 and 12 solely for failure to file Form 10B along with the return, as filing of Form 10B is a procedural requirement. Since Form 10B was subsequently filed, denial of exemption and refusal to condone delay under s. 119(2)(b) would unjustly deprive the assessee of a substantive statutory benefit and result in unjust enrichment of the Revenue. The rejection of the condonation application on purely technical grounds was found arbitrary. HC quashed the departmental order, directed reconsideration in light of its precedents, and effectively restored the assessee&#039;s entitlement to exemption.</description>
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    <pubDate>Wed, 30 Apr 2025 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=464440</link>
      <description>HC held that the assessee-trust could not be denied exemption under ss. 11 and 12 solely for failure to file Form 10B along with the return, as filing of Form 10B is a procedural requirement. Since Form 10B was subsequently filed, denial of exemption and refusal to condone delay under s. 119(2)(b) would unjustly deprive the assessee of a substantive statutory benefit and result in unjust enrichment of the Revenue. The rejection of the condonation application on purely technical grounds was found arbitrary. HC quashed the departmental order, directed reconsideration in light of its precedents, and effectively restored the assessee&#039;s entitlement to exemption.</description>
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