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APPEAL

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This discussion clarifies that a notice under section 139(9) is typically a defect notice, not a final order, and therefore may not be directly appealable. If a return is rejected after responding to a 139(9) notice, it might be considered an order invalidating the return, which could then be subject to appeal. Guidance on the format for such an appeal application is sought.

Pooja

Pooja (Querist)
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23 July 2020 RESPECTED SIR/MEDAM
TO WHOM FILE AN APPEAL AGAINST ORDER 139(9).
PLEASE PROVIDE FORMAT OF SUCH APPEAL APPLICATION.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)
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23 July 2020 139(9) is a defect notice and not an order hence cannot be appealed.

Pooja

Pooja (Querist)
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23 July 2020 SIR, EARLIER THEY ISSUE 139(9) NOTICE ,IN RESPONSE TO THIS WE FILE RETURN . NOW AGAIN THEY REJECT AND PASS ORDER U/S 139(9) INVALIDATING THE RETURN .

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