Master in Accounts & high court Advocate
9615 Points
Posted on 12 December 2024
Defect in Return of Income (ITR-1)
The notice mentions that you've filed your income-tax return in Form ITR-1, but the TDS details in your Form 26AS show taxes deducted under sections that are not applicable to Form ITR-1.
Applicable ITR Form Considering the TDS sections mentioned (194IA, 194IB, 194M, and 194S), you may need to file your income-tax return in: ITR-2 ITR-2 is applicable for individuals and HUFs who have:
1. Income from more than one house property
2. Income from capital gains
3. Income from foreign assets
4. Income from business or profession (not eligible for presumptive taxation) ITR-3 ITR-3 is applicable for individuals and HUFs who have:
1. Income from business or profession (eligible for presumptive taxation)
2. Income from capital gains
3. Income from foreign assets Response to Defective Notice When responding to the defective notice:
1. _Acknowledge the defect_: Accept the defect mentioned in the notice.
2. _Explain the reason_: Provide a brief explanation for the defect, mentioning that you've filed Form ITR-1, but the TDS details in Form 26AS show taxes deducted under sections applicable to ITR-2 or ITR-3.
3. _Specify the corrective action_: Mention that you will file the revised return in the applicable form (ITR-2 or ITR-3) and provide the required details.
4. _Request for clarification (if needed)_: If you're unsure about any aspect, request clarification from the IT department.
Additional Tips 1. _Consult a tax professional_: It's recommended to consult a tax professional to ensure you're filing the correct form and providing the necessary details.
2. _Verify the TDS details_: Double-check the TDS details in your Form 26AS to ensure accuracy.
3. _File the revised return promptly_: File the revised return in the applicable form (ITR-2 or ITR-3) within the specified timeframe to avoid any penalties or interest.