Carry b/f of Losses

I have loss of 31lakh in the AY 2009-10 and I filed this return after the due date.
I claim loss in all the succeeding year.

but when I claim this loss in AY 2017-18 then department issued notice claiming that:
"Disallowance of loss claimed, as the return of the previous year for which set off of loss is claimed was furnished beyond the due date specified under sub-section 139-143(1)(a)(iii)"

AY: 2009
Date of filling of return of AY 2009= 24 Dec 09
Due date of filling of return of AY 2009= 30 Sept 09

Can I claim loss in AY 2017-18 for which I filed return on 10/02/2018