Can i ignore a defective return u/s 139 (9)

I got a defective return notice from CPC for wrongly opting to 44AD as am a Commission agent, which is not covered under 44AD, now the tax figures are changing because of 234 b and c provision. 

My question is, can i ignore the defective return altogether ,as it is invalid, and file a fresh original return.

Experts please advise.

 

 

 

Replies (8)
if you comply to 139(9) notice, you ll pay only 234 A & B interest. if you file fresh return then you have to pay 234 A interest
No you cannot ignore the notice ,Now you have to file a revised return for the same instating the reason for the same in this you can use the communication number and file revised return.
You dont ignore notice u/s 139(9).U have to filed return u/s 139(9) where u can submit new X M L file including details of commission & new tax figures

Thank you all. 

Hello Kavinandan

it is irrelevant if filing with new XML or an Older file but file the same with the correct details and within the prescribed time limit check for the errors and rectify it online
Error Code 14 : If you provide negative amount in Gross profit or Net profit sections, ITR is treated as Defective return.
Error Code 8: If you file ITR-4S, even though the total presumptive income u/s 44AD is less than 8% of Gross turnover/Gross receipt”. (In this case, the tax assessee has to file ITR-4 form instead of ITR 4S)
Error Code 31 : Tax Payer having income under the head “Profits and gains of Business or Profession” but not filled Balance Sheet and Profit and Loss Account. 
Error Code 38 : Tax determined as payable in the return of income filed but has not been paid.
Error Code 14 : If you provide negative amount in Gross profit or Net profit sections, ITR is treated as Defective return.Error Code 8 : If you file ITR-4S, even though the total presumptive income u/s 44AD is less than 8% of Gross turnover/Gross receipt”. (In this case, the tax assessee has to file ITR-4 form instead of ITR 4S)Error Code 31 : Tax Payer having income under the head “Profits and gains of Business or Profession” but not filled Balance Sheet and Profit and Loss Account. (Like in my friend’s case.)Error Code 38 : Tax determined as payable in the return of income filed but has not been paid.
Originally posted by : Sunil Sharma
Hello Kavinandan it is irrelevant if filing with new XML or an Older file but file the same with the correct details and within the prescribed time limit check for the errors and rectify it online Error Code 14 : If you provide negative amount in Gross profit or Net profit sections, ITR is treated as Defective return.Error Code 8: If you file ITR-4S, even though the total presumptive income u/s 44AD is less than 8% of Gross turnover/Gross receipt”. (In this case, the tax assessee has to file ITR-4 form instead of ITR 4S)Error Code 31 : Tax Payer having income under the head “Profits and gains of Business or Profession” but not filled Balance Sheet and Profit and Loss Account. Error Code 38 : Tax determined as payable in the return of income filed but has not been paid.

What I understood from your reply:

Only one original return can be filed.

I should keep the data intact and change only the mistakes. 

I can rectify a defective return but cannot ignore it altogether for a new original return. 

Now understood, Sir. Thank you all.

 

sorry u can not ignore a defective return which u have got u/s 139(9). now u need to file a revised return having regards to such defective return.

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