Defective return u/s 139(9)

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Shweta (Querist)
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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

Nikhil Kaushik

Nikhil Kaushik (Expert)
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28 February 2016 yes. you can..................

Shweta

Shweta (Querist)
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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 '{"http://incometaxindiaefiling.gov.in/ITR1":ITR1}' is expected."

Now what should I do...

Nikhil Kaushik

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

Shweta

Shweta (Querist)
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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.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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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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