Defective return u/s 139(9)

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This query is : Resolved

Dawood Lokhandwala (Querist)

03 October 2015 I had filled Income Tax Return of a Trust for F.Y. 2013-14 in ITR 7 and claim a Refund of Rs. 184400/-. The same return has been declared defective by the Income Tax Department u/s 139(9) by giving the reason that no receipts have been shown in ITR 7, however TDS has been claimed. I want to know that where the receipts should be shown in ITR 7 and if it is not possible than what action should be taken by me in this regard.

Amol S Joglekar

Amol S Joglekar (Expert)

03 October 2015 what did you fill in sheet named "SCHEDULE J" of the ITR 7?
Have you kept it blank?
and if it is so, confirm that the details are NOT APPLICABLE to your trust.

Dawood Lokhandwala

Dawood Lokhandwala (Querist)

03 October 2015 yes Schedule J is blank.

Dawood Lokhandwala

Dawood Lokhandwala (Querist)

03 October 2015 it is an Provident Fund Trust what necessary data to be fill in Schedule J?

Amol S Joglekar

Amol S Joglekar (Expert)

04 October 2015 PF trust does have the investments as permitted under the trust act. You need to report the same in this schedule J..u/s 11(5)

And what about scheduleOS and schedule VC?Did you fill it orkept it blank?

Dawood Lokhandwala

Dawood Lokhandwala (Querist)

04 October 2015 I have kept blank as schedule OS and Schedule VC and if I mentioned any amount, it will calculated taxes on that income.

Amol S Joglekar

Amol S Joglekar (Expert)

04 October 2015 Oh I see! So you mean to say you filed the return NOLY to claim REFUND and NOT as per income expenditure account audited by your auditor??????

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Dawood Lokhandwala

Dawood Lokhandwala (Querist)

05 October 2015 yes I have filed only for the purpose of claiming refund and compliance of IT return.

Amol S Joglekar

Amol S Joglekar (Expert)

05 October 2015 You better rectify the same as per 139(9). Compliance is one part. but accuracy is another part of the return. Now the time has come to make it accurate as well.

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