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

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If you've missed the 14-day deadline to respond to an Income Tax notice under Section 139(9), your original return may be considered invalid. While filing a belated return is an option, it might also be rejected. The primary remedy suggested is to file a condonation application under Section 119(2)(b) with the Commissioner of Income Tax. If approved, you can then file your Income Tax Return and claim any eligible refund.

mohamed ali & co

mohamed ali & co (Querist)

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)

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

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mohamed ali & co

mohamed ali & co (Querist)

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)

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)

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)

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

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