For response of notice u/s 139(9).

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Querist : Anonymous

Querist : Anonymous (Querist)

06 March 2017 hell
i filed my ITR on 10-12-2016 and mistakenly failed to claim deduction as per form 16.by this reason tax payable arises.instead of paying tax i uploaded the xml and i received a notice u/s 139(9) regarding defective return and to file a response within 15 days.i also was not filed it within 15 days.the wording of notice is as follows:-

Sl.No Error Code Error Description Probable resolution
1 38 Tax liability is shown as payable . The tax payer should pay the
in the return of income balance tax liability and furnish
complete details in the corrected
xml. Kindly ensure that
there is no tax payable at the time
of uploading the corrected XML.

Kindly note:
1. Please ensure no other information is changed apart from those error listed below in Annexure - A, incase of any
other changes in data, the return of income filed by you is liable to be treated as an invalid return.
2. For any change of income/ other heads, you may file a revised return as per the provisions of Income Tax Act,1961.
3. For the error codes mentioned in annexed table, the probable resolution has been provided there in.
4. Xml uploaded as above should have all the data to enable accurate processing, it should contain complete
information as furnished in the earlier xml along with information pertaining to the errors listed below.
5. The assessee is advised to use the software utility available on the website www.incometaxindiaefiling.gov.in
6. The above mentioned rectified xml uploaded in response to this notice, will be presumed to be duly verified and
correct and complete in accordance to the provisions of the Act.
7. If the above requirement is not complied within fifteen days of receipt of this notice, the return of income filed by you
is liable to be treated as an invalid return.

my problem is that:
1. how to claim the correct deduction as per form 16 so that my refund determined?
2. i can not revise it also because it is belated also.and without revising how it is possible to claim.
3. according to point no 1,i can not change any information in my earlier XML.am i right or not?

one thing i tell you that the link for response to section 139(9) is active right now.
please provide me a solution by which i can claim my refund with full process to be followed.

thanks