Defective Return Notice u/s 139(9)

Page no : 2

Divakar (Student CA Final ) (11857 Points)
Replied 01 December 2017

@ Raja sir.. She has not ni mentioned in her itr about any commision income... Just shown in other sources... As nowadays dept has issued many assesse a defective notice... This is dept fault... Just filed grievance status

Upgrade to CAclubindia Pro. Subscribe Now!

samriti (article) (107 Points)
Replied 01 December 2017

I have received notice for ay 2016-17

RAJA P M ("Do the Right Thing...!!!") (127813 Points)
Replied 01 December 2017

Yes... Good...
If AY 16-17 and you selected ITR 4 then it's exactly correct.
But,
Which condition you are filed u/s 44ad..?
Bcoz, In ITR 4 the option u/s 44ad is secondary. not its main object...

Divakar (Student CA Final ) (11857 Points)
Replied 01 December 2017

For ay 16-17, u should have filed ITR4S rather than ITR4 for presumptive income...

Jenil Shah (132 Points)
Replied 01 December 2017

This is kind of error i have personally seen in many cases....by IT dept.

kimdly wait 15 days as in many cases they will cancel the notice and will inform you via mail or as said above go to grievance and mark as you wont agree with the demand and write the reason for that

1 Like

Upgrade to CAclubindia Pro. Subscribe Now!

Divakar (Student CA Final ) (11857 Points)
Replied 01 December 2017

@ jenil..agree with u.. In case of presumptive income department has issued to many assesse for defective return by mistakely..

RAJA P M ("Do the Right Thing...!!!") (127813 Points)
Replied 01 December 2017

Some times may be... Also in AY17-18..
But, it's not confirmed...
ITR 4 can't using u/s 44ad is main activity. In case any primary income and secondary income can be use u/s 44ad...
Otherwise it's not available....

1 Like

Divakar (Student CA Final ) (11857 Points)
Replied 01 December 2017

ITR4S is there in ay, 16-17

RAJA P M ("Do the Right Thing...!!!") (127813 Points)
Replied 02 December 2017

Don't be replying or advising "JIG JAG" method. First of give the correct as per the query related then ll give the inconvenience activities. Don't be post wrong advice...

Divakar (Student CA Final ) (11857 Points)
Replied 02 December 2017

Hello @ Raja sir... Could u please tell me that when i advice her wrong thing... Firstly i told that plz contact help desk.. 2ndly said that for the fy 15-16 there is ITR4S form prescribed for presumptive income and other head income... 3rdly said nowadays most assesse recv this defective notice by department fault in case of presumptive income... Where i said wrong... Plz tell right u r senior

Upgrade to CAclubindia Pro. Subscribe Now!

Divakar (Student CA Final ) (11857 Points)
Replied 02 December 2017

U urself post wrong advice... Directly said that presumptive income will not applicable to commision income... While she shows all her commision income in other sources head... No deduction claimed... 100% income shown... How ur statement justify that... Could u plz tell

Divakar (Student CA Final ) (11857 Points)
Replied 02 December 2017

Don't think u r over smart just telling other wrong without saying then what is right

RAJA P M ("Do the Right Thing...!!!") (127813 Points)
Replied 02 December 2017

@ Dear Samriti.,

Use ITR 4 in AY 16-17 for above said income. Also don't be show the commission income as "Other Income"....

Presumptive scheme is not applicable for "Commission Income". In case we file it in "IFOS" the System /ITR is accept without any error. Bcoz, It's just system not human being... After 2 or 3 years the AO ll be call your income source then it's risk at the time of submission.... So, please think and file...

Also ITR 4 is using 2way with books of accounts (44AA) or without books of accounts for normal filings. We can use the option of u/s 44ad in ITR 4 secondary option. Not main option if you show the incomes in "IFOS" & u/s 44ad in ITR 4 then it ll be treat as Defective Return...
I says definitely it's not mistakenly treats by ITD. They treat it as Correct way...

Please think yourself, Also consider your seniors...

GOOD LUCK...

Divakar (Student CA Final ) (11857 Points)
Replied 02 December 2017

Dear expert... When commision income is received throughout the year then it comes under PGBP and when u recv commision incone one time in a year.. It goes to income from other sources... And u didn't give reply to me

Upgrade to CAclubindia Pro. Subscribe Now!

samriti (article) (107 Points)
Replied 02 December 2017

@ raja pm my main business is not commission income. As per sec 44ad assessee cant opt presumptive scheme if its main business is commission business. As mine is not so presumptive scheme is applicable (my main business is manufacturing and selling of fans etc)

1 Like