Answer

ITR

Wrong ITR form filed

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  1. 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.

  2. 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
  3. 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.

  4. Conclusion

    1. Check which form fits your income
    2. Prepare the return in the correct form
    3. File as revised return under section 139(5)
    4. If a defect notice came, respond within 15 days instead
    5. E-verify

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Belated and revised return, Sec 263(4) and 263(5) (old 139(4) and 139(5))

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