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139(9) Defective Return Notice

Indira (CA ) (1379 Points)

25 November 2021

We have received a notice for defective return for AY 2020-2021. We were not able to file a rectification return due to portal issues and now the due date for submission is closed. We have capital losses and business lossed carried forward from last year. Can we set off those losses this year or have to wait for AY 20-21 return to be processed.

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3 Replies

sabyasachi mukherjee (26055 Points)
Replied 25 November 2021

Defective return pertaining to the year AY 20 21.
RETURN DUE DATE OVER. TIME EXTENDED.

Manish (CA) (1076 Points)
Replied 25 November 2021

I understand that you could not correct that defective return. It means now it is invalid (treated as not filed).

Now, you may file a condonation request for filing AY 20-21 ITR. Until then, you cannot claim that loss in any year.

https://www.incometax.gov.in/iec/foportal/help/how-to-raise-e-filing-service-requests

sabyasachi mukherjee (26055 Points)
Replied 25 November 2021

You cannot file your return now.
However, you can send an intimation for rectifying the return.Once the AO has accepted file a rectification return with requisite penalty and delay.