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2010 (9) TMI 716 - AT - Income TaxExemption u/s 11 - Form No. 10B - Scrutiny - Failure to get account audited - Failure to furnish report in Form 10B - Held that: - it is now well-settled that a procedural provision, ordinarily, should not be construed as mandatory, if the defect in the act done in pursuance of it can be cured by permitting appropriate rectification to be carried out at a subsequent stage - Having regard to the object of section 12A, it cannot be said that the Legislature intended that, even where the trust has got its accounts audited and the certificate obtained in Form No. 10B before the assessment is completed, merely because such report could not be filed in the course of the assessment proceedings, it would deprive a trust from getting the exemption if it is otherwise entitled to it in law - the assessee had complied with the provisions of section 12A(1)(b) of the Act - In the given facts and circumstances of the case we are of the view that the CIT(A) was justified in holding that the assessee was entitled to exemption under section 11 of the Act - In the result, the appeal of the revenue as well cross objection of the assessee are dismissed
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