Parul Agrawal (Article trainee) (34 Points)
26 February 2016
Amit Kanunga
(Article Assistant and Post Gradute)
(644 Points)
Replied 26 February 2016
I didnt Understand ur case ?
Can u elaborate it ?
Amit Kanunga
(Article Assistant and Post Gradute)
(644 Points)
Replied 26 February 2016
| Originally posted by : Parul Agrawal | ||
 |
e notice has been served to a partnership firm whose Itr 5, showing income from 44AD has been filed. The assesse is a no books case, hence we properly filled the details of cash balance in no books head. In response to it, we have made B/S & P&l has duly filed it. But the notice has again been served. Can anyone tell the response to it? |  |
An intimation from the Income Tax Department is sent to a taxpayer when the Department has found an error with the income tax return you have filed.
Common cases when notice for defective return is sent:
– when you have filled up details of taxes paid, but have not provided income details, the Income Tax Department deems it defective.
– A notice for defective return is sent when tax deducted has been claimed as a refund, but no income details are provided in the return.
– The Department sends you a notice for defective return under Section 139(9), when you haven’t paid your taxes in full.
– when you are required to maintain balance sheet and profit and loss statement, but haven’t attached them with your income tax return, the tax return is declared defective.
– When total presumptive income under Section 44AD is less than 8% of gross turnover or recepits, ITR-4 has to be filed. A notice is sent when the filing is made on ITR-4S instead of ITR-4.
– the name mentioned on the income tax return does not match with the name on the PAN card.
How should you respond to a defective return?
You must revise your return addressing the defects the Income Tax Department has pointed out within 15 days from the receipt of intimation.
You can seek an extension by writing to your local Assessing Officer, if you fail to revise your income tax return within 15 days.
Revising your income tax return in response to the notice
– Choose the Assessment Year and download the ITR Form the Income Tax Department website:https://incometaxindiaefiling.gov.in/e-Filing/
– On the income tax return, select the option “In response to a notice under Section 139(9) where the original return filed was a defective return.
– Enter the communication reference number, available on the notice, and acknowledgment number and date of filing original return.
– Complete the income tax return like you normally would.
– Generate the XML File and upload it to the Income Tax Department website
– Select “e-File in response to notice u/s 139(9)” under the “e-File” section and upload the rectified XML using the password mentioned in the notice.
– A confirmation message with an acknowledgement number appears on the Department on successful upload.
Landmark Judgments: Important Provisions of the EPF & ESI Act interpreted by the Honorable Supreme Court of India
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