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2023 (4) TMI 369 - AT - Income TaxExemption u/s 11 denied - Audit Report in Form 10B was filed while removing deficiency u/s 139(9) and was not filed at the time of filing the return - return was treated as defective u/s 139(9) by the revenue - HELD THAT:- The filling of Form No. 10B is a procedural direction in in the proviso. The assessee is registered u/s 12A and followed the direction as per the Act during filing of return. For non-filing of Form No. 10B with the return is just a failure of procedural system. Form 10B was filed within stipulated time for removal of defect in the return. See case of Sarvodaya Charitable Trust vs. Income Tax Officer.[2021 (1) TMI 214 - GUJARAT HIGH COURT] The assessee had rectified the defect within stipulated time and the procedure for filing Audit Report was completed. We find that assessee is eligible for deduction u/s 11 of the Act. The addition made by the ld. AO is liable to be quashed. Accordingly, the appeal of the assessee is allowed.
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