Filed defective return and that became defective

Hello,

For AY 2014-2015, intially I filed ITR and it became defective beacuse I had unknowingly made mistakes in entering TDS deducted.

I got defective notice. So, corrected it and filed the defective return couple of months ago. I had mentioned tax paid as given in Form-16 . Also selected that ITR filing is a defective return.

Again I have got a defective notice with error#13. I'm clueless why this has happened. Please let me know :

1. Can I submit one more defective return and deny the demand ?

2. What is the process to waive the interests under 234a,b and c ?

TIA!

Replies (4)

The itr that you had filed initially by rectifying the mistakes should have been filed u/s 139(5) I.e revised return and not under 139(9).

Hence it has resulted into notice u/s 139(9)

Please specify the details of error code 13. Or if possible please attach a screenshot of the same.

Also please provide the date of filing the original return and defective return that you filed

There is no way you could be waived of the interest u/s 234 a, b,c as the same are charged because you may have filed the original return after the due date and you were subjected to advance tax payments for which you have defaulted and deferred the advance tax payments 

 

Thanks for the reply Rinkal.

Advance tax has been deducted by my employer.  The only mistake I did is that I didn't properly mention the tax paid as mentioned in Form -16. I filed this well before Aug 31 2014.  So I got the defective notice in May 2015 which had error codes #13 and #25.  After this I had filed defective return in September 2015 and this is having Intimation U/S 143(1).

Not sure what step next.  

 

Your earlier post and this post is contradicting the facts. Please sort and frame your query well.

Correct me where I m wrong?

You filed original return ? When? After 31/07 but before 31/08.

You had made mistakes in your original return and you realised when you got the notice u/s 139(9). You then corrected your mistakes in response to the notice. In the notice, there must be a time limit of 15 days.

Did you ignore that time limit and notice at that time?

You then again got a notice or an intimation?

You received an intimation? When? Are the details matching to your records filed? Is there any demand/refund provided in it? If demand has arisen, pay the tax amt if you feel the income computed u/s 143(1) is same as you filed

Also Please specify the details of error code 13 and 25.

Advance tax cannot be paid by the employer. It would be TDs deducted by the employer 

Please provide the extracts as it is really creating confusion in my mind. You have got notice u/s 139(9) or recd an intimation 

The due date for ay 2014-15 was 31 july. You said you filed it before Aug 14. But when?

Thanks for ur time.

You filed original return ? When? After 31/07 but before 31/08. - Yes

You had made mistakes in your original return and you realised when you got the notice u/s 139(9). You then corrected your mistakes in response to the notice. In the notice, there must be a time limit of 15 days. Did you ignore that time limit and notice at that time? - Submitted defective ITR-1 after time limit. 

You then again got a notice or an intimation? - Got a demand due before 09-OCT-15.

You received an intimation? When? Are the details matching to your records filed? Is there any demand/refund provided in it? If demand has arisen, pay the tax amt if you feel the income computed u/s 143(1) is same as you filed - As mentioned earlier tax had been deducted for that year and the notice has the TDS listed with incorrect TAN of deductor. Demand has arisen due to incorrect ITR-1(original and defective.)

Also Please specify the details of error code 13 and 25.

13 If the income has not been offered and TDS has been claimed by the assesse then it will consider as a defective case

25 Where Assessee furnish an amount of salary in Schedule TDS 1  should be consistent wuth the salary mentioned in incomde details/Part BTI

Advance tax cannot be paid by the employer. It would be TDs deducted by the employer  - Right

Please provide the extracts as it is really creating confusion in my mind. You have got notice u/s 139(9) or recd an intimation - Do you want to look at notices or ITR-1 filed ?

Thanks again!

 

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