Defective return notice u/s 139(9) for non tax audit. CPC has sent emails stating such notices were issued inadvertently and advised to ignore them
It is reported by many assessees that even in the cases where tax audit report has been duly filed and duly approved, they have received a notice of defective return u/s 139(9) stating following error:
“As seen from the Audit information mentioned under ‘General’ information in ‘Part A- Gen’ of the return filed, the flag has been ticked as “Yes” against – ‘Whether liable for Audit under section 44AB?’. However, the audit report, u/s. 44AB has not been filed electronically, as required under Rule 12(3) of the Income Tax Rules, 1962. Hence, as per clause (bb) of the Explanation under section 139(9), the return filed is regarded as defective”
Dear ********
Please refer the defective notice u/s 139(9) issued vide communication reference no. CPC/****/**/*********** dated xx-xx-2017. The said notice was issued inadvertently. Please ignore the defective notice.
We regret the inconvenience caused in this regard.
Nirmala
Deputy Commissioner of Income Tax, CPC
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