Defective return

This query is : Resolved 

22 June 2015 One of client of my firm has a cyber cafe. He himself filed his ITR in ITR1 showing his entire income as other income. Also he forgot to mention the challan details. Now he got notice to rectify the return u/s 139(9)
My queries are:-
1. As I need to upload a fresh xml u/s 139(9) whether can I now file ITR in ITR-2? Revision is not possible as the return was belated.
2. Whether sec 44AD applies to a cyber cafe?

Please give an early reply. I have to file the return today itself

thanking you

22 June 2015 you can file ITR-4....ITR 2 and 1 are wrong return forms for this case.

22 June 2015 dear manvi
For the year under notice file ITR 1 with challan details as other income,
and for further years fill ITR 4.
If you change ITR form for period under notice it may create problem.


22 June 2015 Thanks dear Ankur and Nikhil for quick reply.
He had shown his entire income into Income from other sources. I'm afraid if his income is treated as casual income and taxed at 30% rate.
Is it possible if it can be shown as business income now??

22 June 2015 dear
pls tell how much income you have shown in ITR.

22 June 2015 He has shown 221000 as other income

22 June 2015 Dear
no need to worry, ur case will not be picked up in scrutiny.
Only update challan details, no need to change ITR form.

22 June 2015 thanks a lot Ankur. You solved my problem.


22 June 2015 Thank you too.
You made me to run my brain & refer the act.
Good Day



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