Important ‐ Rectify the defect in your Return of Income


This query is : Resolved 

Quick Summary
If you've received a notice stating your income tax return (ITR-1) is defective under Section 139(9), it's likely due to TDS deductions under specific sections not supported by ITR-1. You'll need to file a revised return using the appropriate form, such as ITR-2, to declare these incomes correctly. Failing to address this defect within the given timeframe could result in your return being treated as invalid.

23 July 2024 I have filed my ITR on 19-July-24 and got this message. Im a salaried person.

The return of income filed by you as per the above details is considered as defective with-in the meaning of section 139(9) of the IT Act for the following reason:
Reason

You have filed your income-tax return in form ITR-1. As per TDS details in your Form 26AS, taxes have been deducted under sections 194IA/194IC/194M/194S/194C/194B/194BB/194BA, etc. of the Income-tax Act, 1961. These sections are reflected as (4IA/4IC/94M/94S/94C/94B/4BB/4BA) in Form 26AS. These sections imply heads of income for which form no. ITR-1 is not the appropriate form. Thus, the required schedules for reporting incomes pertaining to said TDS sections are not present in your return of income filed in form no. ITR-1.

Probable Resolution
You are being provided with an opportunity to make necessary corrections and file a return of income in the appropriate form so that income and taxes may be determined correctly in accordance with the Income-tax Act, 1961 duly disclosing the complete gross receipts/income reflecting in your form 26AS under the relevant schedules of the ITR. Please note that as per Rule 37BA of the Income-tax Rules, credit of TDS is allowable to the person in whose hands the income is assessable and in the year (AY) in which such income is assessable. Please note that if the defect is not addressed with-in the time allowed, your return of income will be treated as invalid.

23 July 2024 As per form 26AS, under which sections TDS have been deducted?

23 July 2024 I have a form 16, where should i see that sir?

23 July 2024 Check AIS/TIS data or form 26 AS. These TDS deduction/s would not be available in form 16.

23 July 2024 Sir, ... it shows for SR. NO. INFORMATION CODE
1 TDS-192 Salary received (Section 192)

23 July 2024 Check others, you have other deductions to.

23 July 2024 This is for FY 2023-24 - Section 192, Section 194, Section 194(S), SFT 015, SFT 016, SFT 017, SFT 018

23 July 2024 File ITR 2 & declare the sell transaction of Virtual digital assets like crypto in Schedule VDA.

23 July 2024 Okay Sir, Should i file revised return for this or i should submit the response for the notice. If so, how to do that, pls guide sir. And, there is no crypto sales done sir. i have put SIP only and not sold it. some equity are displayed in the AIS

23 July 2024 Submit the response by filing ITR 2 u/s. 139(9) IT act; under E-Proceeding Tab...

23 July 2024 Sure sir. Will keep you posted. But sir, only OFFLINE UTILITY available in submit response option. can i not use file revised return option?

23 July 2024 Good Luck.

23 July 2024 But sir, only OFFLINE UTILITY available in submit response option. can i not use file revised return option?

23 July 2024 No. It will not be accepted as response to defective notice.

23 July 2024 OK sir. Thank you. Will keep you posted on this

02 August 2024 My Pleasure.


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