ITR
Wrong ITR form filed
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Facts
A return filed in the wrong form can be treated as defective. The fix is to file a revised return in the correct form, or respond to a Sec 139(9) (now Sec 263(7)) defect notice if one arrives.
Provisions and law
- Sec 139(5), Income-tax Act 1961 (now Sec 263(5), Income-tax Act 2025)Revised return can be filed if an omission or wrong statement is found, by 31 March of the assessment year (Finance Act 2026) or before assessment
- Sec 139(9), Income-tax Act 1961 (now Sec 263(7), Income-tax Act 2025)Defective return notice; fix within 15 days or the return is treated as invalid
Analysis
Example: you filed ITR-1 but sold mutual funds with a short-term gain of ₹45,000, which ITR-1 does not allow. File a revised return in ITR-2, include the gain and pay any tax. If a defect notice has already come, respond within 15 days by filing the corrected return in that response.
Conclusion
- Check which form fits your income
- Prepare the return in the correct form
- File as revised return under section 139(5)
- If a defect notice came, respond within 15 days instead
- E-verify
A Savvy can do this for you
Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))
₹1,499
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