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2022 (5) TMI 164 - ITAT DELHIBenefit of accumulation u/s 11(2) - rejection of claim as assessee did not fulfil the mandated pre-condition of filing Form No.10 within the prescribed period - HELD THAT:- It is an undisputed fact that though Form-10 was required to be filed before 30.09.2018, but, it has been filed before the completion of the assessment. Hon’ble Chandigarh Bench of Tribunal in the case of Institution of Civil Engineers Society vs., ACIT (Exemptions) [2021 (8) TMI 753 - ITAT CHANDIGARH] after considering the CBDT Circular No.6/20dated 19.02.2020 and the decision of Hon’ble Apex Court in the case of Nagpur Hotel Owners Association [2000 (12) TMI 99 - SUPREME COURT] and various other decisions cited in the order has held that when assessee had filed Form-10 during the course of assessment proceedings and before the completion of the assessment, the same should be considered by the A.O. while considering the claim of benefit under section 11(2). Revenue has not placed on record any contrary binding decision in its support nor has placed on record any material to demonstrate that the aforesaid decision of ITAT, Chandigarh Tribunal has been stayed, overruled or set aside by any Higher Judicial Forum - Decided in favour of assessee.
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