Invalid Return U/s 139(9) Xml Upload Error

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  4. Income Tax Observe - Find for Lacking Income Tax Return u/s 139(9): How to Reply?

Notice for defective return u/s 139(ix)

Updated on: 29 Mar, 2022 05:29 PM

Earlier we brainstorm allow us outset empathise what is defective return and when is the notice for lacking return u/s 139(9) issued?
It often happens that while filing income tax returns we omit things or commit some mistakes. These error(s) make your return "lacking" and you're issued a notice of lacking render u/s 139(9). Section 139(nine) of the Income Taxation Act, 1961 states that when a return is found defective, the A.O. gives yous a period of 15 days to right the fault. The render can exist considered defective for ane or many reasons equally stated below.

Common errors that can make your render "lacking"?

  • Not filling the annexure, statements and columns in the income tax render that must be duly filled wherever required. For case, while claiming deduction u/southward 80G, the details in its schedule are not filled or wrongly filled.
  • Tax together with involvement, 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 be correctly filled.
  • Tax actually paid does not match with the tax payable in the income revenue enhancement return or taxes are not paid in total.
  • While filing ITR 4, total presumptive income is shown less than viii% or half-dozen %of gross turnover or receipts as the example may be then in that case ITR three should accept been filed.
  • The Gross receipts is not mentioned in the Turn a profit & Loss A/c Or the Gross receipt or income u/s 44AD is shown more than Rs. 2 Crore in ITR 4.
  • If you have filed your return u/due south 44ADA with the gross receipt more than 50 Lakhs without Balance sheet and Profit & Loss, so notice volition exist received for filing ITR-three with audited B/s and P&L Statement.
  • Where you're required to maintain regular books of business relationship such equally Balance Canvas and Profit and Loss statement, merely they have not been filled in the return while filing it.
  • Tax deducted has been claimed as a refund, but no income details are provided in the return.
  • No income details has been provided in ITR simply details regarding taxes paid have been provided.
  • Gross income as referred to in 26AS has not been considered in the corresponding heads of ITR.
  • When the books of accounts accept been audited but a copy of the audit report and audited financial statements have not been filled in the return while filing it.
  • Name mismatch between PAN and Income Tax Return.

What shall I do after receiving discover u/s 139(9)?

Once you've been served with notice of defective return u/s 139(9), then you lot must correct your return by revising it within 15 days from the receipt of notice by the Income Tax Department. You lot tin also apply for extension past writing an application to the Assessing Officeholder (A.O.) requesting an extension of the borderline of filing a revised return. Practically, information technology is seen that even a taxpayer rectifies the defect after the expiry of fifteen days but earlier the cess is made, the Assessing Officer may condone the delay and treat the render every bit a valid render.


What will happen if I don't practice anything later on receiving notice for lacking return u/s 139(ix)?

Your defective render will be treated every bit a non-filed or invalid return. This means the Income Revenue enhancement Section will consider it as if y'all've non filed a return for the twelvemonth. Consequently, your refund will also not be processed by the Income Tax Department, if whatever.


How to give a response to the Notice u/s 139(nine)?

Step 1:
Click on awaiting actions on the dashboard and then on due east-proceedings.

figures

Step 2:
If you accept not received any notice, you volition run into No e-proceedings records

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Step three:
If in that location is any proceeding, you will see it in your pending actions. Click on 'view authorised report.'

defective return u/s 139(9)

Step 4:
Click on 'Notice/ Letter pdf' to view the notice.

defective return notice u/s139(9)

defective return notice u/s139(9)

Step four (A):
Afterward you have viewed your observe, click on submit response.

Return u/s 139(9) and mention date

Step 5:
After yous have clicked on submit response, you volition run into a response page where you volition have to agree or disagree with the find.

defective notice is raised by CPC

Step 6:
If your response is 'agree,' you lot volition meet a screen where you will take to provide response for the said defect.

defective notice is raised by CPC

Step 6 (A):
If you disagree with the notice, you can select disagree in the given column.

selecting  Return u/s 139(9)

Pace 7:
Now, if you take selected agree, you tin can submit your response either offline or online on the portal.

Assessee Remarks

Notation: The offline mode is available for ITR 1 and ITR 4 just at the moment

Assessee Remarks

Can I withdraw the response made to lacking find u/due south 139(9)?

Earlier it was possible to withdraw your response submitted to defective return notice nether department 139(nine). Merely this functionality is no more available. Hence, at present you cannot withdraw the response fabricated, instead you tin update or view the same.

Frequently Asked Questions

Q- How do I resolve mistake code 311 in a defective income revenue enhancement return?

Error Code 311 appears when return has been filed under the head of income from business and profession and the residue canvas has not been filed by the assessee. In this case assessee should revise his return and file all the relevant information.


Q- How practice I respond to a find under section 139(nine) with mistake code 38 from the Income Tax Department?

This error occurs if tax payable in render filed is more than the tax paid. To resolve this fault, the tax should be paid in total with interest to the Income-taxation section in revised render.


Q- Why does my ITR status suggest, "no further action required as the latest return is taken for processing"?

It means that return is mistake free and all the defects have been removed and is taken upwards for processing.

Q- How do I pay my remaining income tax afterwards receiving observe u/due south 139(9)?

To pay the remaining income tax u/south 139(ix) of the Income Taxation Act, 1961:

  • Pay taxes online as you pay for self cess taxes.
  • File your revised return and generate XML for the same.
  • Then login to the income revenue enhancement portal.
  • Become to e-file dropdown and select e-file response u/s 139(9).
  • Browse XML generated in the response
  • And revised return and response under section 139(9) is filed

Q- Invalid returns u/south 139(ix), tin can I file it over again every bit fresh return for that AY?

Notice u/s 139(9) is issued when return is found defective and a period of 15 days is provided to the assessee to resolve the aforementioned, however if assessee fails to practice so, the return is considered as defective and treated equally return has never been filed. If the assessee wants to file render later, then he can do so by filing belated return ,
But the final appointment for belated render is the end of the relevant cess yr. For example, ITR of FY 2020-21 can exist filed final upto 31.03.2022.


Q- How can I resolve an error lawmaking 89 in lacking render discover received u/due south 139 (nine)?

Error lawmaking 89 occurs when return has been filed under department 44ADA but nature of business does non qualify as profession.To remove the error, one should file the revised return correcting the nature of business/profession nether which income has been reported.


Q- In response to 139(9) I have filed a revised Income Tax Return. Practice I demand to respond to 139(nine) also separately

Commonly, Compliance can be submitted with the Disagree option stating that Return has been Revised. Still the action might differ depending upon your case which can further be assisted by our Taxation Experts.


Q-I accept received discover u/due south 139(ix). My Course 26AS shows additional alimony income received from the Regular army. Please let me know if it is taxable? I am currently receiving Form 16 for some other task.

Pension received from the armed force is fully exempt if the lump-sum corporeality of alimony is received. However, if the journal pension is received from the military machine then it is fully taxable. Further, lump sum pension received by family unit members of armed forces is fully exempt. Hence, you lot tin answer to the detect accordingly. To know more almost the taxability of pension, Read here.


Q- What is section 139(nine) of the income tax act?

In instance incomplete or incorrect information has been furnished while filing income revenue enhancement return then, discover under department 139(9) is issued to the assessee. Yous are given a time period of xv days to reply to this notice.


Q- When is a notice under department 142 issued by the income tax section?

The income tax department tin issue you notice u/s 142(1) if

  • You lot have not filed your income tax return for the relevant cess yr or
  • You have filed the income tax render but Assessing Officer requires to submit some information or documents to the income tax section.

You should file such a render within the given time period in detect or replenish such documents and information equally sought by the Assessing Officeholder.


Q- What is a unique number or certificate identification number in observe u/southward 139(ix)?

While submitting a reply to find u/s 139(9) you lot are required to quote a unique reference number which is the Certificate Identification Number mentioned on your notice.

notice u/s139(9)


Q- What is fault code 202 in income tax return notice u/s 139(9)?

While giving a response to detect u/s 139(ix) error code 202 is widely seen. This code means the full receipts shown nether all heads of income in ITR is less than the gross receipts coming in your Grade 26AS.


Q- What is error code 332 of income revenue enhancement?

Error Lawmaking 332 in lacking return communication u/s 139(9) means the rest sheet or profit and loss business relationship details have non been furnished with ITR. In case you have currently filed ITR on a presumptive ground, response to this notice can exist fabricated by giving description for your action taken. Otherwise you are required to file the revised return in form ITR3.


Q- What are the consequences of invalid return/lacking return u/s 139(9)?

The various consequences of not responding to defective render communication u/s 139(ix) are

  • Your return can be invalidated
  • Penalties & interest may exist levied
  • You might attract excess tax liability
  • Loss of income tax exemptions, deductions, and carry forward losses
  • May attract litigations

Q- How can I resolve an error code 97 in defective return notice received u/due south 139 (9)?

Error lawmaking 97 occurs when a taxpayer has selected the wrong ITR form which is non applicable to y'all. To remove the error, ane should file the revised return with the correct form applicable.


Q- How can I resolve an error code 85 in defective return notice received u/south 139 (9)?

Error code 85 occurs when a taxpayer has not filled the data related to financial particulars of business. To remove the mistake, i should file the revised return with the correct form applicable.


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CA Abhishek Soni

CA Abhishek Soni

Abhishek Soni is a Chartered Accountant by profession & entrepreneur by passion. He is the co-founder & CEO of Tax2Win.in. Tax2win is amongst the top 25 emerging startups of Asia and authorized ERI past the Income Tax Department. In the by, he worked in EY and comes with wide manufacture experience from telecom, retail to manufacturing to entertainment where he has handled diverse national and international assignments.

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Source: https://tax2win.in/guide/income-tax-notice-us-139-9

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