Notice u/s 139(9)

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Querist : Anonymous

Querist : Anonymous (Querist)

30 May 2013 We have received a notice u/s 139(9) of IT Act, 1961 which states that we have errored in Part A P/L and/0r Part A B/S have not filled.
We have not started any operation so we have not filled P/L account.
kindly advice how to go forward about it.

CA Kapil Verma

CA Kapil Verma (Expert)
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30 May 2013 Give a return application to your Assessing Officer, Saying the same reason.

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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30 May 2013 Sec.139(9) deals with defective return, where the assessing officer considers that the return of income furnished by the assessee is defective, he may intimate the defect to the assessee and give him an opportunity to rectify the defect within a period of fifteen days from the date of such intimation.

read the intimation and approach the assessing officer to clarify the reasons.

Assessing Officer may, in his discretion, allow; and if the defect is not rectified within the said period of fifteen days or, as the case may be, the further period so allowed, then, notwithstanding anything contained in any other provision of this Act, the return shall be treated as an invalid return and the provisions of this Act shall apply as if the assessee had failed to furnish the return

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Ganeshbabu K

Ganeshbabu K (Expert)
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30 May 2013 Yes @ CMA RAMESH KRISHNAN sir it is what exactly stated in 139(9),

But as company has not started operations we have not filed p & l in income tax act.

So is it a valid reason to satisfy incometax dept

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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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30 May 2013 Yes. where the no operations, there is no requirement of p&l. but as per the query p&l or BS not filed. even not started operation there should be a Balance sheet, so my suggestion check the return filed, in case you are filed balance sheet then you can tell to AO the reason as" operation not started so no p&l"

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Querist : Anonymous

Querist : Anonymous (Querist)

31 May 2013 thanks a lot everyone.for your response..

ANKUR

ANKUR (Expert)
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03 June 2013 We have also received the same notice for P&L not filed. Our company has also not started operations yet. It seems that the error is in leaving the P&L figures blank in the return. If we simply put the figure as "0" in the return, the error should be rectified. I am planning to do this...KIndly guide.

ANKUR

ANKUR (Expert)
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CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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03 June 2013 Suggested to intimate the reason with Assessing officer and do the rectification

CA Kapil Verma

CA Kapil Verma (Expert)
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04 June 2013 The income Tax department sent his next bulk notice to non return filer u/s 139(9).

The non filer is required to give a plain paper application disclosing the reason of non filing of return.

"The company has not started the operation yet" is very much satisfying reason for the same.

Just go to your Assessing Officer and give a plan paper application saying the same.

Nothing we going to happen if your reason is truth. so no need to worry.