Mandatory audit report filing controls deduction eligibility under section 80J; non-compliance defeats the claim.

Furnishing the audit report along with the return was treated as a mandatory condition for claiming deduction under section 80J of the Income-tax Act, 1961. Because the assessee did not comply with that statutory requirement under section 80J(6A), the deduction was held inadmissible. The legal principle applied was that where the statute makes contemporaneous filing of the audit report a condition of eligibility, non-compliance defeats the claim. The reference was answered in favour of the Revenue and against the assessee.

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Issues: Whether the assessee's claim for deduction under section 80J could be allowed despite non-compliance with the mandatory requirement of furnishing the audit report along with the return under section 80J(6A) of the Income-tax Act, 1961.

Analysis: The requirement of furnishing the audit report along with the return was treated as mandatory. The deduction was held to be inadmissible unless the assessee complied with that condition.

Conclusion: The question was answered in the negative, in favour of the Revenue and against the assessee.

Final Conclusion: The reference was answered by holding that compliance with the audit-report requirement was essential for claiming deduction under section 80J.

Ratio Decidendi: Where a statute makes furnishing of an audit report along with the return a condition for admissibility of deduction, the requirement is mandatory and non-compliance defeats the claim.

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