Query with respect to section 139(9) for defective return.

This query is : Resolved

Jatin Kumar (Querist)
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11 February 2017 Respected Mentors,

We have received a Notice u/s 139(9) for defective return due to non filing of Profit & Loss schedule in ITR.
The assessee is engaged in the Proprietorship Business but isn't carrying on any business and accordingly we have filed schedules with zero figures and now we have received this defective notice.

Please guide me that what should be the reply in this case to CPC Bengaluru?

C.A. Mayur J. Raiyani

C.A. Mayur J. Raiyani (Expert)
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11 February 2017 In proprietorship, all income of person is combined while filing ITR.
Where there is no business carried out then there should be some balance sheet items which should be reflected in BS of ITR. For example, Bank Balance, some cash balance or some assets etc.
So you should consider these items and file return in response to notice U/s 139(9).

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Jatin Kumar

Jatin Kumar (Querist)
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13 February 2017 We have filed Balance Sheet items but Profit & Loss account with nil as there was no business during the year.
And department notice u/s 139(9) is showing that your have not filled Profit and Loss Account.
And we have received this defective return notice.

C.A. Mayur J. Raiyani

C.A. Mayur J. Raiyani (Expert)
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14 February 2017 you can file Grievance Form and mention whole Remarks

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