Timely availability of Form 10DA preserves employment deduction eligibility despite delayed filing and prevents revisionary intervention.

Delayed filing of Form 10DA or the tax audit report does not by itself defeat deduction under Section 80JJAA if the prescribed form is available to the Assessing Officer before return processing or completion of assessment. On that basis, allowing the deduction is not treated as erroneous and prejudicial to Revenue interests merely because of delayed filing, so revisionary action under Section 263 is not justified.

---

---

Issues: Whether delayed filing of Form 10DA, otherwise available before processing of the return or completion of assessment, rendered the deduction under Section 80JJAA inadmissible and justified revision under Section 263 of the Income-tax Act, 1961.

Analysis: The delay in filing Form 10DA or the tax audit report does not by itself defeat the deduction under Section 80JJAA where the prescribed form was available to the Assessing Officer before processing the return or framing the assessment. The Assessing Officer's allowance of the deduction therefore could not be regarded as erroneous and prejudicial to the interests of the Revenue so as to invoke revisionary jurisdiction under Section 263.

Conclusion: Delayed filing of Form 10DA did not render the deduction under Section 80JJAA inadmissible, and the revision under Section 263 was invalid.

---