ITR INVALID

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This discussion concerns an Income Tax Return (ITR) for AY 2018-19 that was initially deemed invalid by the department. Despite the assessee responding to a notice under Section 139(9) and correcting the stated mistake (regarding the nature of business for Section 44AD), the return was further rejected, and an order was issued invalidating it. The assessee is seeking guidance on how to proceed, as the time limit for response has passed and the online portal shows no record of their response. Since there is a refund due, the advice is to file a petition before the Commissioner of Income Tax under Section 119(2)(b) seeking permission to file the return.

Pooja

Pooja (Querist)

17 July 2020 RESPECTED SIR/MAM
IN MY CASE ASSESSEE FILED RETURN FOR AY 2018-19 BUT IT WAS INVALID BY DEPARTMENT AND ISSUED NOTICE U/S 139(9) , WE RESPONSED PROPERLY TO THAT NOTICE AND CORRECTED THE MISTAKE BUT THEY FURTHER REJECT IT AND ISSUED ORDER ON 12/11/2019 INVALIDATING THE RETURN AND NOT COME TO OUR KNOWLEDGE. MY QUESTION IS HOW I APPROACH TO THIS, CAN I FILE RETURN AGAIN FOR AY 2018-19 OR ANY OTHER WAY SO THAT MY RETURN BECOMES VALID.
PLEASE GUID ME.

Harshit Bangar

Harshit Bangar (Expert)

17 July 2020 which order they issued ????

Pooja

Pooja (Querist)

17 July 2020 order u/s 139(9) of the It Act 1961 TREATING THE RETURN AS INVALID RETURN

Harshit Bangar

Harshit Bangar (Expert)

17 July 2020 Regarding this you can file respond against 139(9) that we had send the ITR copy but not received by the CPC Center, Banglore on incometaxindiaefiling.gov.in.

Pooja

Pooja (Querist)

17 July 2020 ACTUALLY SIR EARLIER DEPARTMENT SERVE NOTICE U/S 139(9) AND WE FILED RESPONE AGAINS THIS AND NOW ORDER SERVE AGAINST THAT RESPONSE EARLIER MADE AND TIME LIMIT FOR RESPONSE LAPSE.

Pooja

Pooja (Querist)

17 July 2020 IN ONLINE PORTAL UNDER RESPONSE U/S 139(9) NO RECORD FOUND.
CAN I FILE RETURN AGAIN FOR SUCH AY (2018-19)

Harshit Bangar

Harshit Bangar (Expert)

17 July 2020 is it for non submission of ITR copy to CPC, Banglore ???

Pooja

Pooja (Querist)

17 July 2020 NO SIR. IT IS CASE OF 44 AD. EARLIER WE WRITTEN NATURE OF BUSINESS AS COMMISSION AGENT AND BROKER FOR WHICH THEY INVALIDATE THE RETURN SINCE FOR THAT TYPE OF BUSINESS 44AD NOT APPLY.
WE CORRECT THE MISTAKE AND FILED RESPONSE BUT STILL THEY REJECT AND ISSUE ORDER WHICH IS NOW TIME BAR.
NOW WHAT I DO BECAUSE I CAN NOT FILE THE RETURN FOR AY 2018-19

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

17 July 2020 You can't file the return voluntarily, unless there is a refund ,since it is barred by time.

Pooja

Pooja (Querist)

18 July 2020 SIR, there is refund of Rs. 4760/-. now can I file return for FY 2017-2018.

Pooja

Pooja (Querist)

18 July 2020 original return, since earlier it was invalid.

Bhaskaran Chackrapani Warrier

Bhaskaran Chackrapani Warrier (Expert)

18 July 2020 Pl file a petition before the Commissioner of income tax u/s 119(2((b) seeking permission to file the return. If approval is received from CIT, return can be filed citing the order reference.

Pooja

Pooja (Querist)

18 July 2020 SIR MAY YOU GUIDE ME HOW TO MAKE SUCH PETITION.

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