Assessing Officer denied benefit under section 11 to assessee as audit report in Form No. 10B was not uploaded along with return but was uploaded belatedly. On appeal the Tribunal held that in view of judicial precedent on subject that delay in filing audit report in Form No. 10B was merely a procedural defect which was rectifiable, issue was to be restored to Assessing Officer to adjudicate afresh after considering audit report. Matter remanded. Followed , Savitri Foundation (ITA.No. 1025/ um/2021 AY. 2018-19) CIT v. Devradhan Madhavlal Genda Trust [1998] 230 ITR 714 147 CTR 461 (MP)(HC) (AY. 2018-19)
Shri Namiyun Parswanath Jain Swetamber Manidhari Trust v. ITO (2023) 203 ITD 433 (Jabalpur)(Trib.)
S. 11 : Property held for charitable purposes-Form No 10B was not uploaded along with return-Procedural defects-Procedural defect which was rectifiable, issue was to be restored to Assessing Officer to adjudicate afresh. [S. 11, 12A, Rul3. 17B , Form No 10B]