Defective return u/s 139(9)

This query is : Resolved 

28 February 2016 Dear Experts,
My Client is NRI...he has filed Nil return (ITR-1) for AY 2014-15 and also claimed TDS deducted by bank on Interest & he has some share profit also. Now we need to file ITR-2 in response of Notice received u/s 139(9).
My question is whether we can file ITR-2 in response of Notice U/s 139(9) if ITR-1 was filed which became defective.
If not, what should I do

28 February 2016 yes. you can..................

28 February 2016 Thanks....but while uploading xml file...following error is showing
"

The XML Schema is invalid. Please upload the XML in the correct schema.
At Line Number 3 : Invalid content was found starting with element 'ITR2FORM:ITR2'. One of '{"https://incometaxindiaefiling.gov.in/ITR1":ITR1}' is expected."

Now what should I do...






28 February 2016 ok. in this case, if the return was filed before 139(1) due date, then file a revised return...

28 February 2016 Thanks...but facts are as under:
Original ITR-1 for AY 2014-15 was filed on 15.07.2014. Notice for defective return was received from CPC on 15.06.2015 and reminder on 15.08.2015.
Now, should we file ITR-2 u/s 139(9) -in response of Notice u/s 139(9) or revise return. If Revised return is filed now...how notice of defect will be removed from website.

28 February 2016 you don't have to care for the defective return notice. Just file revised return under 139(5).


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