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Sec. 11 exemption cannot be denied just because assessee failed to file audit report along with ITR: ITAT

May 13, 2021[2021] 127 taxmann.com 178 (Chandigarh - Trib.)

INCOME-TAX : Where AO denied exemption under section 11 to assessee-educational institution on ground that assessee failed to prove that it was solely existing for education not for profit and secondly on ground that assessee did not have approval under section 10(23)(C) and form 10BB was not filed along with return of income, since in earlier years Tribunal had allowed exemption to assessee on similar facts and in view of legal position that AO cannot deny exemption for non -filing of audit report along with return of income, exemption is to be allowed to assessee .

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