Income tax return fiked in wrong return no,

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Viswasbhatt (Querist)

15 August 2013 I am a LIC agent and earned commission in F/Y 2011-12. I filed return in Form -ITR 1 under Income from Other sources. I have got a letter from income tax U/s 139(9) saying that return is invalid.Letter has been written on 2nd Aug but i have received it on 14th Aug and i have been given time to submit my reply by 16th Aug only.

Please advise as to if i select income from other sources in retun ,is it wrong?

What remedy is left with me now.

Regards,

Viswas

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

15 August 2013 Those who have salary income and other income below 5000 eligible to fill ITR-1. So i think you have more than 5000 commission so you received such letter. If you filed ITR-2 then you may not receive such notice.

Treating of commission income as other income is not the problem selection of ITR form is wrong.

However as per the provisions of the income tax commission income is always business income(However based on the facts and other sources of income of the assessee it can be treat as Other income) and liable for ITR-4 Filling.

However please provide other income details of you then i may give proper suggestion.

OM SAI SRI SAI JAI JAI SAI

Viswasbhatt

Viswasbhatt (Querist)

15 August 2013 So if Return Form was wrongly chosen, then can i reply the letter with saying that opportunity be given to me to file correct return form . As at least i have filed the return and not hidden any facts? What reply should i give to the letter now?

Viswasbhatt

Viswasbhatt (Querist)

15 August 2013 Also there is no other income except commission.

Dintakurthi Tirumala

Dintakurthi Tirumala (Expert)

16 August 2013 In such case as per the income tax provisions your income shall consider as income from Business so you required to file ITR-4. So don't worry now file your return in ITR-4 form u/s 139(9) then your problem will solve you can write a letter for giving of opportunity to rectify mistake.

OM SAI SRI SAI JAI JAI SAI

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