Defective Return Notice u/s 139(9)

@ 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

I have received notice for ay 2016-17

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...

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

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

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

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....

ITR4S is there in ay, 16-17

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...

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

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

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

@ 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...

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

@ 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)