Defective return communication u/s 139(9)

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This query is : Resolved

Quick Summary

This discussion addresses an Income Tax Return (ITR) being treated as defective under Section 139(9). The issue arises when ITR-4 is filed, but income from business or profession under sections like 44AD, 44AE, or 44ADA is not properly disclosed. While one suggestion was to file ITR-2, others clarified that if presumptive business income exists, the error is likely in the disclosure under the correct head, not the ITR form itself. The advice is to correct the disclosure within the existing ITR-4 or refile using the appropriate form if no business income is actually present.

TARIQUE RIZVI

TARIQUE RIZVI (Querist)
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05 January 2020 Respected Sir,

Please help me on the below given issue as the ITR has been treated as defective return. I shall be highly obliged to you for your guidelines.

error description
============
As per rule 12 (1)(ca), a person deriving income under the
head “profits or gains from business /profession” and
such income computed in accordance with special
provisions of section 44AD or 44AE or 44ADA, is required
to furnished return in ITR-4. The Return of Income is filed
using ITR 4, however, income from business or profession
under section 44AD or 44AE or 44ADA is not disclosed

Probable Resolution
==============
ITR 4 is not applicable to your case since income from
business or profession under section 44AD or 44AE or
44ADA is not disclosed. If you do not have any income from
business or profession under section 44AD, 44AE or
44ADA, then kindly file corrected Return using ITR 2 (for
individuals and H.U.F) or ITR 5 (In case of Firm)

Hope u will please guide me

With kindest regards

yours tarique rizvi

982 1630 130

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)
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25 May 2020 Immediately file ITR-2 as mentioned.

Shrikant Toshniwal

Shrikant Toshniwal (Expert)
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25 May 2020 i am not agree with u miss sharma from this query it is clear that he has file ITR 4 and derived business income but there is error as it now shown under a proper head that why return is defective ..why he should file ITR2 if he have business income

Shrikant Toshniwal

Shrikant Toshniwal (Expert)
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25 May 2020 All the reponse is as mr TARIQUE RIZVI have presumptive business income other wise change the itr

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