44ada error code 89 (notice u/s 139(9)of income tax act)

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Unnikrishnan E S

Team lead

142 Points Posted on 30 October 2017

I am a software professional working from India for an Australian company as contractor. Last year I filed my Income tax under section 44 ADA with NOB as '703 - Consultancy service'

And now I got a notice (Notice u/s 139(9)of Income Tax Act) from income tax department that its defective.

Do you think that by changing the NOB to '607 - Professional - Others' would solve the problem ?

While filling the X M L, its asking
A22. Return filed under section ?
Should I select '18 - u/s 139 (9)' or '17 - Revised Return - 139 (5)' ?

A24. "Whether original or revised return?"
Should I select 'Original' or revised ?

I thought of selecting 18 - u/s 139 (9) as the notice I got is for 139 (9), but when I select 'Revised' then return filed under section is automatically changed to 17 - Revised Return - 139 (5).

Could someone shed some light on this?

Replies (11)

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

211758 Points Posted on 30 October 2017

"Do you think that by changing the NOB to '607 - Professional - Others' would solve the problem?"

IT SHOULD provided net profit 50% or more.

"While filling the X M L, its asking A22. Return filed under section ? Should I select '18 - u/s 139 (9)' or '17 - Revised Return - 139 (5)' ? A24. "Whether original or revised return?" Should I select 'Original' or revised ?"

When you accept the defect in the portal and file rectified ITR as response to the notice..... it should be u/s. 139(9)...... i.e '18 - u/s 139 (9)'......... as Original.

But if you wish to revise it with some more corrections......... then '17 - Revised Return - 139 (5)' as Revised.....

Anupama

Consultant

31 Points Posted on 06 November 2017

Hi, I am also ina similar situation. I am a qualified academic consultant freelancing with a course provider. Received a notice under sec 139(9) that Sec 44ADA is not applicable. Can I change NOB to '607 - Professional ?

Also, is the receipt number same as acknowledgement number ? Also, is notice no. same as communication reference number?

Thanks!

Dhirajlal Rambhia

SEO Sai Gr. Hosp.

211758 Points Posted on 06 November 2017

Received a notice under sec 139(9) that Sec 44ADA is not applicable. Can I change NOB to '607 - Professional ?

Ans: It may, provided you are professionaly qualified as specified in sec. 44AA, otherwise file the same data u/s. 44AD.

Also, is the receipt number same as acknowledgement number ?

YES. Of Original filed return.

Also, is notice no. same as communication reference number?

YES