ITR
What happens if you ignore a defective return notice
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Facts
If the defect is not fixed in time, the return can be treated as invalid, as if you never filed it. That can bring late fee, interest, loss of refunds and loss of the right to carry forward losses.
Provisions and law
- Sec 139(9), Income-tax Act 1961 (now Sec 263(7), Income-tax Act 2025)The Assessing Officer can treat a return as defective, give 15 days (or more on request) to fix it, and treat it as invalid if not fixed.
- Sec 234F, Income-tax Act 1961 (now Sec 428, Income-tax Act 2025)Late filing fee of ₹1,000 if total income is up to ₹5 lakh, else ₹5,000.
- Sec 80, Income-tax Act 1961 (now Sec 121, Income-tax Act 2025)Losses can be carried forward only if the loss return is filed on time.
Analysis
An invalid return means you are back to having no return for that year. You may then need to file a belated return if the window is still open, or later an updated return with additional tax. A business loss of, say, ₹3 lakh that would have been carried forward may be lost. Ignoring the notice also raises the chance of a non-filing communication later.
Conclusion
- Treat the notice as urgent and open it on the portal today.
- Fix the defect and upload the corrected return within the time.
- If time has passed, upload the fix anyway and request condonation of the delay.
- Keep all acknowledgements in one folder.
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Defective return, Sec 139(9) (now 263(7))
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