ITR
Defective return notice for using the wrong ITR form
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Facts
If you file ITR-1 when you were not eligible, CPC can treat the return as defective under Sec 139(9). You get 15 days to respond by filing the correct form, or the return is treated as not filed.
Provisions and law
- Sec 139(9), Income-tax Act 1961 (now Sec 263(7))A return with defects can be treated as defective; you get 15 days to fix it, or it is treated as not filed.
Analysis
For example, if you had short-term gains of ₹20,000 but used ITR-1, respond by filing ITR-2 with the gains included. The corrected return is filed through e-Proceedings in response to the notice. Ignoring it can leave you without a valid return and expose you to notices.
Conclusion
- Read the error code in the notice.
- Prepare the return in the correct form.
- Respond in e-Proceedings and upload the corrected return within 15 days.
- E-verify if asked.
- Watch for the new intimation.
A Savvy can do this for you
Income tax return for salaried and pensioners, ITR-1 (Sahaj)
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