Reply to 139 9 Need to Send Itr V Again or Not
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- Income Tax Notice - Discover for Defective Income Tax Return u/s 139(nine): How to Respond?
Observe for lacking render u/s 139(9)
Earlier we begin allow us first understand what is defective return and when is the notice for defective return u/southward 139(9) issued?
It often happens that while filing income tax returns we omit things or commit some mistakes. These mistake(southward) make your return "defective" and yous're issued a detect of defective return u/south 139(9). Department 139(9) of the Income Tax Human activity, 1961 states that when a return is found defective, the A.O. gives you lot a period of 15 days to correct the error. The return can be considered lacking for i or many reasons every bit stated below.
Common errors that can make your return "lacking"?
- Not filling the annexure, statements and columns in the income tax return that must be duly filled wherever required. For example, while claiming deduction u/southward 80G, the details in its schedule are non filled or wrongly filled.
- Tax together with interest, if any is paid before filing the return and all the details relating to it is not filled. For example, BSR code, Date of challan should exist correctly filled.
- Tax actually paid does not match with the tax payable in the income revenue enhancement return or taxes are not paid in full.
- While filing ITR 4, total presumptive income is shown less than 8% or 6 %of gross turnover or receipts every bit the example may exist then in that case ITR 3 should take been filed.
- The Gross receipts is non mentioned in the Profit & Loss A/c Or the Gross receipt or income u/s 44AD is shown more than Rs. 2 Crore in ITR four.
- If you have filed your return u/s 44ADA with the gross receipt more than 50 Lakhs without Balance sheet and Profit & Loss, then find volition be received for filing ITR-3 with audited B/s and P&50 Argument.
- Where y'all're required to maintain regular books of business relationship such equally Balance Sheet and Turn a profit and Loss statement, just they take non been filled in the return while filing it.
- Revenue enhancement deducted has been claimed as a refund, but no income details are provided in the return.
- No income details has been provided in ITR but details regarding taxes paid take been provided.
- Gross income equally referred to in 26AS has not been considered in the corresponding heads of ITR.
- When the books of accounts have been audited but a copy of the inspect report and audited fiscal statements have not been filled in the return while filing it.
- Name mismatch between PAN and Income Tax Return.
What shall I practise after receiving observe u/s 139(9)?
One time you've been served with detect of defective return u/due south 139(9), then you must right your return by revising information technology within xv days from the receipt of notice by the Income Taxation Department. You tin can also apply for extension past writing an application to the Assessing Officer (A.O.) requesting an extension of the borderline of filing a revised return. Practically, it is seen that even a taxpayer rectifies the defect afterward the expiry of xv days but before the assessment is made, the Assessing Officer may disregard the delay and care for the return as a valid return.
What will happen if I don't do anything afterwards receiving notice for lacking return u/southward 139(ix)?
Your defective render will be treated as a not-filed or invalid render. This means the Income Tax Section will consider it as if you lot've not filed a return for the year. Consequently, your refund will also non be processed by the Income Taxation Department, if any.
How to give a response to the Find u/s 139(9)?
Step ane:
Click on pending actions on the dashboard and then on east-proceedings.
Step ii:
If you have non received any notice, you volition encounter No e-proceedings records
Footstep 3:
If there is any proceeding, you volition meet information technology in your pending deportment. Click on 'view authorised report.'
Step 4:
Click on 'Detect/ Letter pdf' to view the notice.
Step 4 (A):
After you have viewed your notice, click on submit response.
Step 5:
After you lot accept clicked on submit response, you will see a response page where you will have to agree or disagree with the notice.
Step 6:
If your response is 'agree,' you will see a screen where you volition take to provide response for the said defect.
Step six (A):
If you lot disagree with the discover, you lot can select disagree in the given column.
Step vii:
Now, if you have selected concord, you can submit your response either offline or online on the portal.
Note: The offline mode is available for ITR 1 and ITR four only at the moment
Can I withdraw the response fabricated to defective notice u/s 139(9)?
Earlier it was possible to withdraw your response submitted to defective render discover under section 139(9). But this functionality is no more than available. Hence, now you cannot withdraw the response made, instead yous can update or view the same.
Ofttimes Asked Questions
Q- How practise I resolve error lawmaking 311 in a defective income tax return?
Error Lawmaking 311 appears when return has been filed under the head of income from business and profession and the balance sheet has non been filed past the assessee. In this case assessee should revise his render and file all the relevant information.
Q- How do I respond to a notice under section 139(9) with fault code 38 from the Income Tax Department?
This error occurs if tax payable in return filed is more the tax paid. To resolve this error, the tax should exist paid in full with interest to the Income-tax department in revised render.
Q- Why does my ITR condition suggest, "no further activity required equally the latest return is taken for processing"?
It means that render is error gratuitous and all the defects accept been removed and is taken up for processing.
Q- How do I pay my remaining income taxation after receiving notice u/due south 139(ix)?
To pay the remaining income tax u/s 139(9) of the Income Taxation Act, 1961:
- Pay taxes online as y'all pay for self assessment taxes.
- File your revised render and generate XML for the same.
- So login to the income tax portal.
- Get to e-file dropdown and select e-file response u/s 139(ix).
- Browse XML generated in the response
- And revised return and response nether section 139(ix) is filed
Q- Invalid returns u/s 139(ix), can I file it again every bit fresh return for that AY?
Notice u/s 139(9) is issued when return is establish lacking and a menses of fifteen days is provided to the assessee to resolve the same, even so if assessee fails to practise then, the render is considered as defective and treated as render has never been filed. If the assessee wants to file render afterwards, then he tin can do so past filing belated return ,
But the concluding date for belated render is the cease of the relevant assessment twelvemonth. For case, ITR of FY 2020-21 tin exist filed last upto 31.03.2022.
Q- How can I resolve an error lawmaking 89 in defective render detect received u/s 139 (ix)?
Error code 89 occurs when return has been filed nether section 44ADA but nature of business does non authorize as profession.To remove the error, 1 should file the revised return correcting the nature of business/profession under which income has been reported.
Q- In response to 139(9) I have filed a revised Income Tax Return. Exercise I need to answer to 139(nine) likewise separately
Commonly, Compliance tin exist submitted with the Disagree pick stating that Return has been Revised. Still the activity might differ depending upon your case which tin can further be assisted by our Revenue enhancement Experts.
Q-I have received notice u/s 139(nine). My Form 26AS shows additional pension income received from the Ground forces. Delight let me know if it is taxable? I am currently receiving Grade 16 for another job.
Alimony received from the armed force is fully exempt if the lump-sum amount of alimony is received. However, if the periodical pension is received from the armed forces then information technology is fully taxable. Further, lump sum alimony received by family unit members of armed forces is fully exempt. Hence, you tin respond to the notice accordingly. To know more about the taxability of pension, Read hither.
Q- What is section 139(ix) of the income taxation act?
In example incomplete or wrong information has been furnished while filing income tax render so, notice under section 139(nine) is issued to the assessee. You lot are given a time period of xv days to reply to this notice.
Q- When is a notice nether section 142 issued by the income tax section?
The income tax department tin can event you notice u/s 142(1) if
- You have not filed your income tax render for the relevant assessment year or
- You lot have filed the income tax return but Assessing Officer requires to submit some information or documents to the income tax department.
You lot should file such a return within the given time period in notice or furnish such documents and information as sought past the Assessing Officeholder.
Q- What is a unique number or certificate identification number in observe u/s 139(9)?
While submitting a answer to notice u/due south 139(9) you lot are required to quote a unique reference number which is the Document Identification Number mentioned on your observe.
Q- What is mistake code 202 in income tax return detect u/south 139(9)?
While giving a response to notice u/southward 139(nine) error lawmaking 202 is widely seen. This code means the total receipts shown nether all heads of income in ITR is less than the gross receipts coming in your Course 26AS.
Q- What is error code 332 of income tax?
Fault Code 332 in defective return advice u/south 139(9) means the residue sheet or profit and loss business relationship details take not been furnished with ITR. In case you have currently filed ITR on a presumptive basis, response to this observe can be made by giving clarification for your action taken. Otherwise you are required to file the revised return in form ITR3.
Q- What are the consequences of invalid return/defective return u/s 139(9)?
The various consequences of not responding to lacking return communication u/due south 139(9) are
- Your render tin be invalidated
- Penalties & involvement may exist levied
- Yous might attract excess revenue enhancement liability
- Loss of income revenue enhancement exemptions, deductions, and behave forward losses
- May concenter litigations
Q- How tin I resolve an error code 97 in defective return notice received u/southward 139 (9)?
Error code 97 occurs when a taxpayer has selected the wrong ITR grade which is not applicative to you. To remove the error, ane should file the revised return with the right class applicable.
Q- How tin can I resolve an error code 85 in defective return notice received u/s 139 (9)?
Error code 85 occurs when a taxpayer has not filled the information related to financial particulars of business. To remove the mistake, one should file the revised render with the right form applicable.
Source: https://tax2win.in/guide/income-tax-notice-us-139-9
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