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March 7, 2014

HOW TO FILE CORRECTIONS TO DEFECTIVE RETURN UNDER SECTION 139(9)

QUESTION

From- Hari Prasad


Hello sir,
What is the process of responding to sec 139(9). I have got the notice mentioning for defective return. in this regard what would be the process to respond online?

Suggest me


ANSWER-

Hi Hari Ji,

Thanks for posting a query, please find your answer below:

Please follow the following Steps to E-File in response to notice under Section 139(9):

1. First step should be to Correct the Defects and generate the XML. (Remember to select the section 139(9) and put the Notice Number and Notice Date in your return)

2. After preparing the ITR, login to your Income Tax Account

3.Click on E-File menu

4. Select E-file in response to Notice u/s 139(9)




5. Fill the required details and Acknowledgment Number of the Original Return against which notice was issued under section 139(9) of Income Tax Act, 1961

6. File the correction and you are done.


Hope this help you, feel free to contact further.


41 comments:

  1. sir how would i get notice number and notice date because i only have cpc communication number so is that enough ? or if not som where would i get that notice number and date?

    suggest me in this regard
    would be waiting for ur reply at ur end

    ReplyDelete
    Replies
    1. Hi Hari,
      As already discussed with you, use the cpc ref number and date

      Delete
    2. Also, is there any format for entering the communication reference no. ? If i enter the number in same format it says only max 23 characters allowed. The format i entered was like- CPC/xxxx/xxx/xxxxxxxxxxxx

      Delete
  2. This comment has been removed by the author.

    ReplyDelete
  3. what is the course of action taken by dept after the response to the notice is given

    ReplyDelete
    Replies
    1. Your return will be sent for processing and no actions would be required from your part.

      Delete
  4. Hello Sir,
    Can we use the Quick e-File ITR link and choose A21.Return filed under section as 139(9) ?
    Is that any different from uploading the xml file?

    ReplyDelete
  5. Sir can u please clarify regarding the point "(Remember to select the section 139(9) and put the Notice Number and Notice Date in your return)" ? How can I enter it while preparing the return in winmann software?
    Please reply at the earliest. It's very urgent
    PS: The original return was filed by another auditor and I am not having the softcopy of the same in Winmann. So is it enough if I generate a fresh ITR and upload it under the response to 139(9)?

    ReplyDelete
    Replies
    1. Sorry Rajesh Ji for a late reply, If you have not yet filed the response please get your answer below:

      The point as mentioned by you means that there is a option in the ITR form which ask you to file details if you are giving response to section 139(9). I have told to fill the same. ANd regarding Winman Software, please contact their custom care, they would give you the details

      Regarding the ITR details, it can be generated through your Income Tax LOGIN in My Return Option.

      In case of query, write to us by using following link or mail us your query:

      http://www.ngoandtaxconsultant.in/p/blog-page.html

      Delete
  6. I have filed the defective return under section 139 (9) , now Should I take out the print out of the ITR 4 (25 pages) and send it to CPC Bangalore by post

    ReplyDelete
    Replies
    1. Please follow the post above, for filing the return online.

      Delete
  7. I have filed my return on 03.08.2014 after the due date. After filing the return I noticed in the ITR-V that the data I entered was not captured properly (The return is showing my gross income and other deductions as 0 and hence shows the entire tax paid as eligible for refund). How do I rectify this issue before sending the return to the IT Department.

    ReplyDelete
    Replies
    1. First of all please download the ITR V once again and check the details. There is a problem with CPC system and it is showing incorrect figures.

      If it is still wrong, file a revise return again and don't send the ITR V of the Original return. CPC is accepting the ITR V of Belated returns as it will be original for them.

      Delete
    2. Thank you. your idea worked like a charm :)

      Delete
  8. Hi Sir,

    I got a defective return notice under 139(9). I need to response to that in 15 days. Could please help me in this. I have below questions related to this.

    1. Notice sayd - upload the corrected XML? Do i need to download the ITR1 form again and fill out all the details?
    2. How to make the payment? I need to pay tax amount to Gov. as per the last ITR1 I filed.

    Please help me in this.

    Thanks in Advance.

    ReplyDelete
    Replies
    1. Tats the same doubt I have. Do I need to fill the itr1 again and then generate the xml and submit the same? @Amit to pay the tax there is a link in the website which says, "E Pay Tax". This will take you to another page where in you need to select the "Self Assessment Tax" and then it will redirect you the the bank gateway you choose and you will get the acknowledgement number which needs to go in the ITR1 form tat will nil out the taxes.

      Delete
  9. I am also having difficulty in generating the revised return if i select 139(9), if i don select it it does not lwet me do any corrections. Pl suggests

    ReplyDelete
  10. Sir, I have submitted the defective return u/s 139(9) but have not received new acknowledgement. can u suggest me regarding that.

    ReplyDelete
  11. Sir, I have submitted the defective return u/s 139(9) but have not received new acknowledgement. can u suggest me regarding that.

    ReplyDelete
  12. Sir I have submit the rectified return u/s 139(9). But by mistake I upload the wrong amount in rectified return.
    But till now did not send itr-v to Bangalore

    How can I correct it.

    Please help me

    ReplyDelete
    Replies
    1. Please help
      Return file under section=revised return 139(5) or u/s 139(9) to be selected

      And original or revised return to be selected

      Delete
  13. I have filed the return under section 139(9) but with the date and communication reference number of an earlier defect notice. However the defects mentioned in both the notices are the same. What will the outcome be? Please help.

    ReplyDelete
  14. Sir I have filed itr for the AY 2014-15. For a short period of time the status of my itr was showing defective u/s 139(9). But now its is showing as itr-5 recieved. I havent recieved any communication or letter from ao. or from cpc.So should i deem that my return is defective and revise it.Kindly advise as my return is not processed till yet.

    ReplyDelete
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    ReplyDelete
  16. Hi,

    I am also getting the same error. What could be scenarios for this error.

    Thanks.

    ReplyDelete
    Replies
    1. Don't know called Income tax Help centre they said there is some issue in back end they will call once resolved (which I doubt). We just have 15 days.

      Delete
    2. I am getting the same error! If anyone gets to know, please reply what needs to be done

      Delete
  17. Was anyone able to solve this error....

    ReplyDelete
  18. Thanks Dobariya for your update. Hope this issue will be fixed soon. Have a great day!

    ReplyDelete
  19. PLEASE REPLY BY TOMORROW.

    I HAD RECEIVED NOTICE U/S 139(9) DEFECTIVE RETURN.

    I HAVE FILLED WRONG ITR. CAN I CHANGE THE ITR?
    I HAVE SHOWN SPECULATIVE TRADING IN SHARES AS BUSINESS INCOME AND FILED ITR 4 , NOW DEPT ISSUED 139(9) AND SAID TO PAY TAX AS PER 44AD I.E 8% ON SALES.

    NOW I FELT I HAVE TO FILE ITV 2 RATHER ITV4 AND SHOULD SHOW SHORT TERM CAPITAL GAIN AND NOT BUSINESS.

    PLEASE REPLY AS SOON AS POSSIBLE. TOMORROW IS LAST DAY TO RESPOND TO NOTICE.

    ReplyDelete
    Replies
    1. hi, Even I have got the same notice ? Have u changed ur ITR and filed ?

      Delete
  20. Hi iam trying to fill the the written with the cp ref num etc details as mentioned by cpc, but everytime i enter it gives me error please enter the original acknowledgment number,date of filling original return etc

    ReplyDelete
  21. sir
    if after clicking on button submit {in response to notice 139(9)} it is written no records found then what to do

    ReplyDelete
  22. sir
    i fill the itr 1 against notice 139(9). my return has been successfully uploaded but i have no download the acknowledgement please tell me how download the acknowledgement please reply me
    thanks

    ReplyDelete
  23. the return got deffective 4 times the error code for the same is 2, give me a solution

    ReplyDelete
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  25. This comment has been removed by the author.

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  26. I paid the remaining tax liability the chalan generated by bank mentions BSRCode as 0004XXX. To generated xml i added it to excel but same is not allowed. If i try with 4XXX i get message "Invalid value 4XXX of element BSRCode is not valid" when uploading xml.
    Just to see if any other field might be issue i added BSRCode as 1234567 and it got uploaded.
    Please guide me how to add the BSRCode 0004XXX and generate valid xml

    ReplyDelete

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