Income-tax notic on crypto

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Just received this notice from ITR.

 

 

The gross receipts shown for income as Virtual Digital Assets in Form 26AS, on which credit for TDS u/s 194S has been deducted, are higher than the total of the receipts shown under Income from Virtual Digital Aseets in the return of income. Hence, the return of income filed is regarded as defective, as provided in Explanation (a) under section 139(9). The taxpayer is requested to file a return of Income disclosing Income under Virtual Digital Asset.

I have around 50k TDS deposited by the crypto exchanges.

I have paid the tax as per the Act. What am I missing ?

What does the notice mean ? 

How to correct it ?

Replies (3)
Quick Summary
This discussion addresses an income tax notice (Section 139(9)) triggered by a discrepancy between Form 26AS and the Virtual Digital Assets (VDA) schedule in an income tax return. The issue arises because crypto exchanges deduct TDS (Section 194S) on the gross sale amount, which is reported in Form 26AS, while taxpayers might only report their net profit in their return. To rectify this, taxpayers must ensure the gross sale consideration in their ITR's VDA schedule matches the figures in Form 26AS, not just their profit. The net taxable gain and tax liability remain unchanged, but the reporting of the total transaction value needs to align.

You need to declare the sale proceeds as per form 26AS. Otherwise the TDS claim should be equivalent to the sales ratio.

You need to double check the figures in your tax return to ensure that the total income from digital assets matches the figures in Form 26AS, as this mismatch is the reason for the ITR notice.

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This is a standard 139(9) defective return notice triggered by a mismatch between Form 26AS and Schedule VDA.

Under Section 194S, crypto exchanges deduct 1% TDS on the full sale amount and report the GROSS proceeds to the department, not just your profit. So if you sold crypto worth Rs 5 lakh and had a Rs 1 lakh gain, the exchange reports Rs 5 lakh in Form 26AS.

Schedule VDA in the ITR requires the gross sale consideration, not the net gain. If Form 26AS shows Rs 5 lakh under Section 194S but Schedule VDA shows Rs 1 lakh, the return is flagged as defective.

Two things to fix:

  • Report the FULL gross proceeds (total exchange transaction value) in Schedule VDA gross consideration column, not just the gain
  • Keep cost of acquisition the same. Net gain and tax do not change. Only the top-line sale figure needs to match Form 26AS.

This [crypto TDS and VDA reporting guide](https://taxgarden.in/blog/section-194s-tds-virtual-digital-assets-crypto-form-26qe-india) has the Schedule VDA reconciliation steps for AY 2026-27.

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