Assessee was eligible for audit u/s 44ab but the audit was not conducted. While filing the RoI, "whether audit conducted or not", the assessee selected it as "No" but it received a notice u/s 139(9) for defective return.
As per rule 12, a return cannot be held defective for non furnishing of audit report.
What should be the response to such notice?
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defective return
Replies (2)
as per rule 12 a person being an individual whose income is chargeable to income tax under the head income from salary, house property, other sources be in form itr 1
according to your case this rule is not applicable to your assessee
as in rule 12 non obstante clause also included which cover assessee covered under audit u/s 44ab.
according to your case this rule is not applicable to your assessee
as in rule 12 non obstante clause also included which cover assessee covered under audit u/s 44ab.
Agree with Ms. Sarita.
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