2016 (11) TMI 974

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....from this Court with regard to the reassessment 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....

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....payable in accordance with the provisions of section 140A, has been paid on 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 i....