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 Defective Notice U/S 139(9) of Income Tax Act

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Defective Notice u/s 139(9) of Income Tax Act

All you need to know

What is defective return under section 139(9)?

A Defective Return Notice under Section 139(9) of the Income Tax Act, 1961, is sent when the tax department finds mistakes or missing details in a taxpayer’s income tax return. The return is called “defective” if it doesn’t follow the rules or has incomplete information.

Who is sending the notice under section 139(9)?

A notice under  Section 139(9) is issued by the Assessing Officer or the tax authorities of the Income Tax Department. They review the income tax return filed by a taxpayer and issue this notice if they find any errors or incomplete information that makes the return “defective.”

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What is the password for the 139(9) notice?

The defective return notice is attached to the email and is password-protected. To open the notice under Section 139(9), use your PAN in lowercase followed by your date of birth in the DDMMYYYY format.

For example, if your PAN is MNOPQ1212C and your date of birth is 12th October 1987, the password would be: mnopq1212c12101987.

Deadline to reply to the notice of defects

The time limit to respond to a defective return notice under Section 139(9) of the Income Tax Act is 15 days from the date of the notice. Taxpayers must correct the defects or provide an explanation within this period. If they fail to do so, the return may be considered invalid.

How to reply to a notice about a faulty return under section 139(9)?

Here’s how to respond to a defective return notice under Section 139(9) in simple terms:

  1. Read the Notice: Carefully check the notice to understand what mistakes or missing information the tax office has pointed out.
  2. Collect Documents: Gather any documents and information needed to fix the issues mentioned in the notice.
  3. Make Corrections: Correct the errors in your income tax return, making sure to include all required details and documents.
  4. Write a Response: Create a simple response that includes:
    • The reference number of the notice.
    • A clear explanation of the changes you made.
    • Any extra information or documents requested.
  5. Submit Your Response:
    • Online: Log into the Income Tax Department’s e-filing portal and follow the steps to submit your corrected return or response.
    • By Mail: If needed, print your response and send it to the tax office by post or deliver it in person.
  6. Keep a Copy: Save copies of everything you send, including the original return and the notice.
  7. Follow Up: Keep an eye on your account on the tax portal or contact the tax office to confirm that your response has been received.

Circumstances when a defective return notice will be given

Here are situations that may lead to a defective return notice under Section 139(9) of the Income Tax Act:

  • Missing Information: Your Income Tax Return (ITR) doesn’t include important details, like income sources or necessary attachments.
  • Omitted Tax Details: You paid taxes (like TDS or advance tax) but didn’t include this information in your ITR.
  • TDS and Income Mismatch: You claim TDS deductions but don’t report the corresponding income in your ITR.
  • Incomplete Financial Records: You don’t provide required financial documents, such as profit and loss statements or balance sheets.
  • Missing Audit Reports: If your income needs an audit, you must submit a complete audit report, including your profit and loss account. If you don’t, you may receive a defective notice.
  • Mistakes in Presumptive Taxation: If you calculate your presumptive income incorrectly or don’t include important details, this can lead to a defective notice.
  • Tax Payment Issues: If the tax amount you paid doesn’t match what you report in your ITR or if you only paid part of your taxes.
  • Incorrect Information: If you make errors when reporting turnover or income limits in your ITR.
  • Missing Signature or Authentication: If your return isn’t properly signed or lacks necessary digital authentication.

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