How to update xml file for already filed response u/s 139(9)

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This query is : Resolved

Monal Shah (Querist)

12 December 2019 Respected sir/ma’am
My client got notice u/s 139(9). For which I have already submitted response by uploading revise xml file of ITR-3. Then he got mail from income tax department to fill p&l a/c or balance sheet. Otherwise, ITR ‘may’ consider as defective. The assesse is falling u/s 44ADA. So, I want to fill balance sheet of not maintaining regular books of account section. now, the revise Return is ready with me but I missed that 3 days limit to withdraw the response filed u/s 139(9). Now, after three days, how can I update hyperlink for already filed response u/s 139(9)?
Please help as early as possible.

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)

30 May 2020 Once you’ve been served with notice of defective return u/s 139(9), then you must correct your return by revising it within 15 days from the receipt of notice by the Income Tax Department. You can also apply for extension by writing an application to the Assessing Officer (A.O.) requesting an extension of the deadline of filing a revised return. Practically, it is seen that even taxpayer rectifies the defect after the expiry of fifteen days but before the assessment is made, the Assessing Officer may condone the delay and treat the return as a valid return.

What will happen if I don’t do anything after receiving notice for defective return u/s 139(9)?
Your defective return will be treated as a non-filed or invalid return. This means the Income Tax Department will consider as if you’ve not filed a return for the year.

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