Important ‐ Rectify the defect in your Return of Income

antonio (Student Others) (43 Points)

10 September 2023  

Hell All,

I filed IT for AY23-24  and I have got email stating to rectify the return. The emails states as under: 

The gross receipts shown in Form 26AS are higher than the total of the receipts shown under all heads of income, on which credit for TDS has been claimed, in the return of income filed. Thus, while credit for TDS is being claimed in the return of income, the corresponding receipts are not fully disclosed in the respective income schedules. Hence, the return of income filed is regarded as defective, as per clause (a) of the Explanation under section 139(9).  

Email also states about the probable way to rectify the defect in the ITR . The text of email is below:

The correction of this defect has to be made by filing a corrected return and disclosing the complete receipts, as per Form 26AS. Alternatively, the claim of TDS may be made corresponding to the extent of income/receipts disclosed in the return.Please note that Credit for the TDS is allowable to the person in whose hands the income is assessable and in the year (AY) in which such income is assessable (Rule 37BA). Also note that if the defect is not corrected with-in the time allowed, return will be processed and the credit for TDS will be allowed proportionately.

Respected Sir, how to rectify the ITR. do I need to file the revised return again. do I have to file rectifications for: 1. credit mismatch. if yes it says that there is no credit mismatch.

2. if it is for rectifications. i cannot do so till the I receive order of u/s143.

Could you please suggest what is best possible way to handle and get it resolve.

I am from Goa and total income of my spouse and me is equally apportioned. every time i file the ITR the department also raise this query the past ITR that I have filled, they know the mismatch in the receipt of 26AS and that reported in the income is because I cam governed by the Portuguese civil code in Goa. Income reported in ITR by me is 50% ( half ). combination of my income and that of my wife.

Please reply.

Best wishes,

Antonio