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Denial of deduction u/s 11 for non-filing of Form No. 10B is unjustifiable

Case Law Details

Case Name
Shyam Charan Sewa Trust Vs DCIT (ITAT Amritsar)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2018-2019
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Shyam Charan Sewa Trust Vs DCIT (ITAT Amritsar) ITAT Amritsar held that failure in furnishing of Form No. 10B is a procedural defect. Accordingly, denial of deduction u/s 11 of the Income Tax Act for such a defect is unsustainable in law. Facts- The assessee filed the return u/s 139. The return was processed u/s 143(1) and claimed deduction u/s 11 which was disallowed by the CPC, Bangalore and total addition was made Rs. 11,46,800/-. The assessee had not filed the audit report in Form No. 10B with the return u/s 139. Accordingly, the return was treated as defective u/s 139(9). The assessee rec...
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