Defective notice u/s 139(9) Error Code : RULE_37BA_194M_001 - 139 9


This query is : Resolved 

Quick Summary
If you've received a defective notice under Section 139(9) of the Income Tax Act due to TDS on crypto transactions, you likely filed the wrong ITR form. ITR-1 is not suitable when TDS is deducted under sections like 194S (for crypto). You should consider filing ITR-2 and reporting your crypto transactions in the Schedule VDA.

(Querist)
08 August 2024 Hi, I am salaried person. I did some trading in crypto through ZEBPAY and my TDS deducted RS 91.
I have filed ITR-1 but I got Defective notice u/s 139(9) from INCOMETAX department.
Below is the description
Error Description
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.

Kindly let me know which ITR from that I need to file. MY salary is less then 50 Lac .

Thanks & Regards
Rajesh J

08 August 2024 File ITR 2.

Actyreyansh (Querist)
08 August 2024 Thank you for your Reply.
My salary is less then 50 LAC. Is it okay to file ITR-2.

Eligibility Criteria to File ITR-2 Form
If you fulfil the following criteria, then it is mandatory to file the ITR-2 form:

Any Indian individual or member of the HUF (Hindu Undivided Family)
Salaried or pensioned individuals having income exceeding Rs.50 lakhs.

Kindly advise.

Thanks & Regards
Rajesh J

Actyreyansh (Querist)
08 August 2024 kindly advise.

Thanks & Regards
Rajesh J

08 August 2024 When there is any crypto transaction, ITR 1 is not eligible.
File ITR 2 & declare the crypto transaction in Schedule VDA.

Actyreyansh (Querist)
08 August 2024 Thank you, for your suggestion.

08 August 2024 You are welcome.


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