what is the remedy if the due date lapsed for reply to notice u/s 139(9)

This query is : Resolved

mohamed ali & co (Querist)
Follow

12 December 2024 An assessee received notice u/s 139(9) for the asst year 24-25 through income tax portal. 14 days time was given to reply. But the assessee has not responded as the notice was not read by him. Now what is the remedy as in many cases assessees are unaware of such notices. Can the experts throw light on this issue as reply cannot be submitted after 14 days time given.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

12 December 2024 File ITR afresh as belated return.
Earlier filed return will be invalid.

Message likes : 1 times

mohamed ali & co

mohamed ali & co (Querist)
Follow

24 January 2025 Sir, we filed a belated return. but the same was also not accepted and another 139(9) notice issued. But the assessee did not get a physical copy and failed to watch the mail also. so he could not reply . Reply to 139(9) could not be filed in time. Now the return is invalid.
Kindly give your expert opinion to the next step to be followed.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

26 January 2025 What is the income and tax payable to see whether we can file updated return.
The reason stated in the 139(9) so that we could avoid it while filing updated return.

mohamed ali & co

mohamed ali & co (Querist)
Follow

27 January 2025 Sir, the assessee is having refund. if we file updated return we can't claim the refund. Please consider this point and give your expert opinion...

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
Follow

27 January 2025 File condonation application under section 119(2)(b) with commissioner of income tax and after approval file ITR claiming refund.

You need to be the querist or approved CAclub expert to take part in this query .
Click here to login now