Timely filing compliance: portal malfunction can warrant condonation and preserve an investment-linked deduction when bona fide steps were taken.

The note addresses whether failure to upload Audit Report in Form 10CCB by the electronic return due date defeats a claim for the investment-linked deduction; it records that the assessee obtained the form before the return deadline, attempted electronic upload but was prevented by portal malfunction, served a physical copy and e-mailed the form, and completed online filing shortly after. Applying principles of substantial compliance, bona fide conduct and equitable relief where technical glitches impede filing, the appellate authority's deletion of the disallowance and preservation of the deduction was sustained and the appeal dismissed.

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Issues: Whether the First Appellate Authority erred in deleting the addition of Rs. 5,76,83,963/- (disallowance under Section 80IAC of the Income-tax Act, 1961) on the ground that the assessee did not file Audit Report in Form 10CCB before the due date for filing return under Section 139(1) of the Income-tax Act, 1961.

Analysis: The Tribunal examined the factual matrix showing that the assessee obtained the Audit Report in Form 10CCB on 28.09.2023 (before the return due date of 30.09.2023), attempted to upload it online but was prevented by technical issues on the Departmental portal, sent the physical report to the Assessing Officer by speed post, and e-mailed the form to CPC while the online upload was completed only on 05.10.2023. The CIT(A) reviewed documentary evidence of grievance raised with the Department and service of the physical copy and concluded that the delay in online uploading was due to a technical glitch beyond the assessee's control. The Tribunal noted the appellate authority's reliance on precedents treating the requirement of timely filing of Form 10CCB as amenable to condonation in appropriate circumstances and applied principles of bona fide/substantial compliance and equitable relief where failure to meet a technical filing deadline resulted from portal malfunction beyond the assessee's control.

Conclusion: The deletion of the addition by the CIT(A) upholding the claim of deduction under Section 80IAC is sustained and the Revenue's appeal is dismissed; decision rendered is in favour of the assessee.

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