Got notice u/s 139(9) defective return for ay12-13

This query is : Resolved

Querist : Anonymous

Querist : Anonymous (Querist)

09 March 2014 Dear Expert,

I had filed my Income tax return on 1st august,2013 for the A.Y.12-13, and received notice under section 139(9) as defective returns but i was unable to file the revised return within 15 days as per the notice due to my some personal issues and i haven't check my email thereafter. There is a refund of rs. 80000/- in AY12-13.

I filed AY12-13 return with the help of one tax consultant and he did many mistakes in return and filed the returns under section 44AD by declaring 8% profit with negative figures. I am the graphics and progrm designer and running prop. firm. TDS is deducted @ 10% on my bills. Can i file the return under section 44AD?? my gross receipts are around 13 lacs.

I wanted to file income tax return for AY 13-14 also before 31st march. what shall i do??

Please reply

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 March 2014 your AY 2012-13 return no more exist. you can refile return under 139(5) before 31 March 2014.

with regards AY 2013-14, you can file till 31 March 2014.

with regards to 44AD, you can file under 44AD provided the nature of work is not considered as technical consultancy.

Querist : Anonymous

Querist : Anonymous (Querist)

09 March 2014 Technical consultancy means??

I am the program and graphic designer providing online services to my foreign based clients ( export of service) TDS is deducted as per 194J. and working in pvt. ltd company in india on pay roll basis.

Can i file my return under 44AD?

One more thing, u said that i can file again AY12-13 return before , but i checked on incometaxindia site under my return column..it showing that my return is processed as status..

Please reply

Querist : Anonymous

Querist : Anonymous (Querist)

Nikhil Kaushik

Nikhil Kaushik (Expert)
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09 March 2014 according to me program and graphic designer services are covered under technical consultancy and therefore you wont be able to file return under 44AD.

with regards to the AY 2012-13, did you get the refund? if not, first request for 143(1) intimation....see how your return has been processed and if the same is not providing for refund, then preferably file a revised return.

Querist : Anonymous

Querist : Anonymous (Querist)

10 March 2014 Intimation U/s 143(1) is not possible because there are some mistake in my returns that is why i got notice U/s 139(9).

I will file the revised return in the same manner,

Nikhil, I didn't maintain books of accounts , i am just declaring my gross receipts expenses and net profit and my salary (form 16 ) details..is it okay??

Thanks for your valuable advice.

Nikhil Kaushik

Nikhil Kaushik (Expert)
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10 March 2014 according to my interpretation of 44AA(1), you are required to maintain books. i suggested you look for 143(1) because you said the status of return is "processed".

i would advise you contact a local CA to look into your documentation.

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