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2023 (8) TMI 914 - ITAT RAJKOTDenial of exemption u/s 11 and 12 - assessee has filed form no. 10B belatedly and not filed the same along with filing of the return of income - mandatory v/s procedural requirement - HELD THAT:- As in a recent decision in Social Security Scheme of GICEA [2022 (12) TMI 1172 - GUJARAT HIGH COURT] in the matter of exemption provisions contained in section 11/12 of the Act, requiring filing of Form 10B alongwith return of income for claiming exemption, held the requirement of furnishing of report to be a mandatory requirement while that of filing the report alongwith return of income to be a procedural requirement CIT(A) has not appreciated the case of the assessee in the right perspective in the light of various judgments cited by the assessee where it has been held that non-filing of requisite form alongwith return of income is a technical issue, which is curable, and if the assessee has complied with the provisions of the Act in the course of assessment proceedings by curing the defect by filing the audit report, and thereby satisfying substantial compliance, the Revenue cannot ignore the report so filed and reject technically the claim of benefit of exemption under section 11 of the Act, which the assessee was claiming continuously for past so many years, which fact was not disputed by the Department. Appeal of the assessee is allowed.
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