24 January 2024
Return of Income u/s 139(8A) for A Y 2022-23 was filed with Total Income Rs.20,000/-. Assessee is having no other income. Now notice has come saying that above Return of Income is defective since it is not accompanied by valid proof of payment u/s 140B and correction of defect has to be made by filing corrected return However assessee does not have taxable income and hence there is no amount payable u/s 140B
My question is what corrective measures need to be taken in this matter /
11 July 2024
If the notice states that the return is defective due to the absence of valid proof of payment under section 140B, here are the corrective measures you should consider:
1. **Understand the Defect**: Verify the exact nature of the defect mentioned in the notice. It typically relates to the non-furnishing of proof of payment of tax or self-assessment tax along with the return.
2. **Verification of Tax Payment**: Even if the total income is Rs. 20,000 and no tax is payable due to being below the taxable threshold, you still need to ensure that: - If any tax was deducted at source (TDS), ensure Form 26AS reflects this. - If there was any advance tax or self-assessment tax paid, ensure you have proof of such payment.
3. **Corrective Action**: - **File a Revised Return**: Since the notice requires correction of the defect, you should file a revised return under section 139(5) to rectify the deficiency. - In the revised return: - Ensure you include details of any TDS deducted, advance tax paid, or self-assessment tax paid, if applicable. - Attach proof of payment of tax (if any), such as challans or payment receipts.
4. **Filing the Revised Return**: - Log in to the income tax e-filing portal. - Select the option to file a revised return under section 139(5). - Enter the relevant details accurately, especially focusing on the section related to tax payments. - Attach the necessary documents (proof of tax payment) as required.
5. **Submission and Acknowledgment**: - Once the revised return is prepared and submitted online, ensure you receive an acknowledgment (ITR-V) after successful e-filing. - Print and sign the ITR-V and send it to the Centralized Processing Center (CPC) within 120 days of e-filing, if physical verification is required.
6. **Follow-Up**: - Monitor the status of your revised return on the e-filing portal. - If you have any doubts or questions, consult with a tax professional or CA to ensure compliance and accuracy.
By filing a revised return with the required details and attaching proof of tax payment (if applicable), you can rectify the defect mentioned in the notice. It's important to respond to the notice within the stipulated time frame to avoid further complications or penalties.
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