Return filed in response to notice sec 139 (9)

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CA Khushboo Agarwal (Querist)
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08 February 2016 Assesse was file original return for A/y 2015-16 in Form ITR - 1, assesse has tax liablity which was not paid by him.so he receive defectve return notice u/s 139 (9) for payment of tax liablity. but now he was also modify the return & file the modify return in Form ITR - 4. but while uploading the modify return error is found that in place of ITR - 1, Only ITR -1 is expected. kindly help

CS Advocate Abhishek Goyal

CS Advocate Abhishek Goyal (Expert)
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09 February 2016 If return was rendered defective for non payment of tax liability than in compliance only that defect is allowed to remove and not change the ITR form. All you had to do in response to 139(9) was to valid your defective return by making payment of tax and entering the details therein.