Find
Each ITR form has eligibility rules, and using a form you are not eligible for can lead to a defective notice or a wrong processing. The response must carry a corrected return in the form that actually fits your income.
ITR
Defective notice after filing the wrong ITR form
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Provisions
Sec 139(9), Income-tax Act 1961 (now Sec 263(7), Income-tax Act 2025); Rule 12, Income-tax Rules 1962 (now Rule 164, Income-tax Rules 2026)
Analysis
If you had capital gains above what ITR-1 allows, the correct form is ITR-2. The e-Proceedings response screen asks you to choose the ITR form from a dropdown before you upload the corrected file, so pick the right form there. If the deadline for that year has not lapsed you could also file a fresh or revised return, but responding to the notice keeps it simple. Prepare the new form with all income, not just the missed item.
Close
- Check which ITR form fits all your income for that year.
- Prepare a complete return in that form, including the missed income.
- Pay any extra tax before filing.
- Select that form in the response dropdown and upload the corrected file.
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