Procedural lapse in filing Form 10CCB does not by itself defeat a deduction claim where substantive entitlement is otherwise established.

Non-filing of Form 10CCB with the return was treated as a procedural lapse and not a substantive defect, so it could not by itself defeat the deduction claim where the underlying entitlement was otherwise established. The court accepted that a mere irregularity in furnishing the audit report does not justify denial of deduction under Section 80-IC, and the assessee's claim was allowed to stand.

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Issues: Whether non-submission of Form 10CCB along with the return could be a ground to deny deduction under Section 80-IC of the Income-tax Act, 1961.

Analysis: The Tribunal treated the omission to file the audit report with the return as a procedural lapse. Relying on the principle that a mere procedural irregularity does not defeat a deduction claim when the substantive entitlement is otherwise made out, the Court agreed that the assessee could not be non-suited on that ground.

Conclusion: The non-filing of Form 10CCB along with the return did not justify denial of deduction under Section 80-IC of the Income-tax Act, 1961.

Final Conclusion: The assessee succeeded and the revenue's challenge failed.

Ratio Decidendi: A procedural omission in furnishing the audit report with the return does not, by itself, defeat a claim for statutory deduction where the underlying entitlement is otherwise established.

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