Defective notice 139(9) with error code 180 ? solution ?

Page no : 3

manu (36 Points)
Replied 28 October 2017

utility X M L uploading was giving error on efilling website.kdk X M L was uploaded and got error 181.rectified profit loss by filling gross reciept and profit and still was not uploading.later had to check no in 92e audit also in partA.JUST CHECKING NO IN 44 WAS NOT HELPFUL.AFTER I CHECKED ON 92E --- NO,IT GOT UPLOADED WITHOUT ERROR .BUT HAVE TO SEE IF IT IS ACCEPTED OR STILL I GET ERROR NOTICE. 

1 Like

manu (36 Points)
Replied 28 October 2017

ALL PLEASE READ THIS LINK AND EVERY THING WILL BE CLEARED

https://soumyalaha.blogspot.in/2017/06/itr-3-changed-again-on-23062017-efiling.H T M L

 

 

 


SURANA (PROPRIETOR) (515 Points)
Replied 28 October 2017

Article is removed :(


manu (36 Points)
Replied 29 October 2017

Infact the article clarified that the ITR3 was modified again on 26/6/2017 .so itr 3 utility downloaded before this date is bound to create error as some extra fielda were added.please down load latest utiliyy.one major change was addition of aidit under section 92e in first page in Gr A.so one should use y or no to avoid error

Nse Feed (13 Points)
Replied 29 October 2017

I had filled the return in late July using then latest utility where 92E field was present and correctly populated as NO but still got error!


Amit Bhatla (12 Points)
Replied 29 October 2017

Even I have received this defective return notice error code 180 for presumptive income under section 44AD.

I erroneously checked Are you liable to maintain accounts as per section 44AA as YES. Will have to select NO in the rectified return.

The nature of business has been selected as - Professional (Others) - Should this be changed as professional presumptive income comes u/s 44ADA and I am filling details for 44AD??

Also, I haven't mentioned anything in the BS part. As suggested in previous posts, it is better to fill this information.

The defective return notice mentions these clause -

1) Please ensure no other information is changed apart from those errors listed below in Part- A, incase of any other changes in data, the return of income filed by you is liable to be treated as an invalid return.

2) While correcting the above mentioned defects, if any changes are being made, leading to change of income and/or taxation under other heads of income, you should file a revised return (and not a corrected return) as per the provisions of Income Tax Act, 1961.

Should I file a rectified return in response against the defective notice or should I file a revised return??

Kindly suggest the way forward.


Dhirajlal Rambhia (SEO Sai Gr. Hosp.) (177961 Points)
Replied 29 October 2017

Originally posted by : Amit Bhatla
 

I erroneously checked Are you liable to maintain accounts as per section 44AA as YES. Will have to select NO in the rectified return.  Ans.: YES

The nature of business has been selected as - Professional (Others) - Should this be changed as professional presumptive income comes u/s 44ADA and I am filling details for 44AD?

Ans: Depends upon your activity.

Also, I haven't mentioned anything in the BS part. As suggested in previous posts, it is better to fill this information.

Ans: Part B must be filled, for no account case.

Should I file a rectified return in response against the defective notice or should I file a revised return??

Ans: If no major change..... you can just rectify defect and submit.

Otherwise file revised.


stiplee (64 Points)
Replied 30 October 2017

I received a similar notice with error code 181, on 27/10/17, for my ITR 3 filed on 12/7/17, with NOB " 703-Consultancy"  There is no apparent error in the return which I can correct. However, I had noticed that when filing the original return using the official IT Java Utility, it had given me a warning that BS and P&L should be filled, to avoid a defective notice. I had ignored the warning, as I had already fillled up  P&L and BS with relevant data in the "No Accounts" section. Also General is ticked correctly as No Accounts or Audit case, P&L receipts and profits are filled correctly, and schedule BP also has the correct amount under Section 44ADA as 50 percent of the gross receipts.

I downloaded lastest utility for ITR3  from IT website, and to my surprise, found that it has been updated on 26 Oct! I loaded my original XML into this, and when I validated it, some errors were being thrown up - for example they have added field for Section 80D deduction, added a field for Section 115H in General, changed the State name of Uttaranchal to Uttarakhand, and made it mandatory to report Zip Codes and SWIFT Codes in Schedule FA! On correcting these errors, and validating again, no warning or error comes for filling P&L of BS, as was coming with the previous Utility version. However, if I blank out all the entries in Schedule BS and try to save the file, it again gives the warning, which is correct and meaningful. So I am sure now that they have corrected this error in the utility now, but have possibly used some old software which resulted in these wrong notices to be issued.

Kindly share any other insights, that can help in resolution of this very peculiar and irritating situation.

 

Thank you

 

 

 

 

 

 


manu (36 Points)
Replied 30 October 2017

YES THAT IS THE BEST WAY/AS MENTIONED EARLIER ALSO.PLEASE DOWNLOAD ITR3 UTILITY FROM EFILLING WEBSITE VERSION DATED 26/10/2017.UPLOAD YOUR XML IN TO THIS AND TRY TO VALIDATE.IF ANY ERROR IT WILL BE REFLECTED AND MODIFY ACCORDINGLY.AS IN LATST UTILITY MANY EXTRA OPTIONS HAVE BEEN ADDED. 


Pallav Jain (Project Manager) (24 Points)
Replied 30 October 2017

Hello,

I have also received the defective return notice under section 139(9) with error code 181 for section 44ADA. I had filled ITR 3 and filled the following details:

Are you Liable to Audit u/s 92E? -> No

NOB -> I had filled 709, but I guess I will have to change it to 607

section 6 of BalanceSheet Schedule

In P & L section 53ii

Gross Receipts - > my actual receipts

Gross Profit -> 50% of Gross receipts

Expense -> 0

Net Profit -> Auto calculated to 50% of Gross Receipts.

In BP Schedule section 35ii section 44 ADA - > 50% of Gross profit.

 

I just wanted to know whether what i have entered is correct or is there anything that requires any change. 

Thanks in advance!



SURANA (PROPRIETOR) (515 Points)
Replied 31 October 2017

in AY 2016-2017 when filed all the Details from 1 to 52 in PL and 1 to 5 in BS and filed ITR with 44AD

and received a defective notice 139,

So asked Spectrum guy to check if there is any mistake.. so he said if you are filing under 44AD with no books maintained then should only enter column 6 in BS and 53 in PL

And this year followed the same rule and got defective notice again :)

Each year with the changing rules it is becoming more and more complicated even for which ITR and which Sections to apply :)

So i think for 44AD and 44ADA full BS and PL is not required and only column 6 and 53... maybe it is changes in utility at the end moment resulting into this issue..

waiting to know if there are huge number of such 139 notice this year .... or we are just few of them :(
 


stiplee (64 Points)
Replied 31 October 2017

As the latest Utility version is also forcing one to make some changes which are not related to the error given in the notice, should the new XML be loaded as a response to 139 notice, or a revised return? The notice contains the following warning:

 

1. Please ensure no other information is changed apart from those errors listed below in Part- A, incase of any other changes in data, the return of income filed by you is liable to be treated as an invalid return.

 

Thank you.


Kiran Kumar B (Student CA Final ) (37 Points)
Replied 31 October 2017

Same Issue please suggest.


Kiran Kumar B (Student CA Final ) (37 Points)
Replied 31 October 2017

Same Issue please suggest.



Mohit Bansal (Chartered Accountant) (314 Points)
Replied 31 October 2017

since not able to find any defect as the notice suggests..


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