9911796707
TMI Blog2016 (11) TMI 974X X X X Extracts X X X X X X X X Extracts X X X X ..... sment proceedings, which have been initiated for the second time. There is an order of the authority dated 11.11.2016 in which the Assistant Commissioner, Income Tax has come to the conclusion that the return filed by the assessee was defective and, therefore, it would not constitute a valid return as per the provisions of Section 139 (9) of the Income Tax Act, 1961. Earlier in the same order an opportunity had been provided to the assessee to remove the defect. The provisions of Section 139 (9) of the Income Tax Act contemplate that an assessee may be given an opportunity of removing the defect within 15 days and if there is a defect then within some larger time. Section 139(9) of the Income Tax is quoted here-in-below:- "(9) Where the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or before the date of furnishing of return; (b) the return is accompanied by a statement showing the computation of the tax payable on the basis of the return; (bb) the return is accompanied by the report of the audit referred to in section 44AB, or, where the report has been furnished prior to the furnishing of the return, by a copy of such report together with proof of furnishing the report; (c) the return is accompanied by proof of (i) the tax, if any, claimed to have been deducted or collected at source and the advance tax and tax on self-assessment, if any, claimed to have been paid : Provided that where the return is not accompanied by proof of the tax, if any, claimed to have been deducted or collected at source, the retur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... where regular books of account are not maintained by the assessee, the return is accompanied by a statement indicating the amounts of turnover or, as the case may be, gross receipts, gross profit, expenses and net profit of the business or profession and the basis on which such amounts have been computed, and also disclosing the amounts of total sundry debtors, sundry creditors, stock-in-trade and cash balance as at the end of the previous year." In view of the above, this Court directs that the authority concerned may give to the present petitioner also an opportunity of rectifying the defect within the next 15 days. It is open to the assessee to place such material and evidence before the authority concerned that it may have to justify ..... X X X X Extracts X X X X X X X X Extracts X X X X
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