ITR

Wrong ITR form filed

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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

Sec 139(5), Income-tax Act 1961 (now Sec 263(5), Income-tax Act 2025); Sec 139(9), Income-tax Act 1961 (now Sec 263(7), Income-tax Act 2025)

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.

Close

  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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