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Revised return

Sarika M (Credit Manager) (40 Points)

15 December 2016

Return filed under 139(1) with tax amount payable. Is it required to file the revised return after payment of tax ?

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2 Replies

Easetaxsolutions (Properitor) (41 Points)
Replied 15 December 2016

Hi sarika,

The return filled by you is a defective return u/s 139(9), you have to rectify the same within 15 days, if the same is not filed either the retuen shall be cancelled or a demand shall be raised for the tax payable amount.

Regards,

Easetaxsolutions

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Sanjay S (Chartered Accountant) (1375 Points)
Replied 15 December 2016

Yes. You may soon be in receipt of a Defective Return notice showing an 'Error Code 38' which stands for "Tax determined as payable in the return of income filed but has not been paid."

You can remedy the situation by paying the taxes and filing the revised return (after filling the field asking for Pre-paid taxes in Schedule IT, TDS & TCS). You may do this immediately or latest by 15days from date of Intimation of defect.

What Section 139(9) is all about :-

As per Section 139(9), an Income Tax Return showing a Tax payable (which is only one of 8 other possible defects) is treated as a Defective Return. If the Income Tax Officer considers the Return as a defective return, then he shall intimate the defect to the taxpayer and give him the opportunity to rectify the defect within 15 days from the Date of Intimation**.

If the taxpayer does not rectify the defective return within the period of 15 days or the extended time period, then the return shall be treated as void-ab-initio and it shall be deemed that the assessee has not filed the income tax return.

However, in case the assessee rectifies the defect after the period of 15 days or the extended period but before the completion of assessment, then the income tax officer may condone the delay and treat the income tax return as a valid return.

The income tax officer can treat the return as valid return even if it is a defective return. But, if the assessing officer considers that return as defective, then he is bound to intimate the defect to the assessee.

**Date of Intimation means the date on which the letter specifying the defect is received by the assessee.

You may also refer to following article for more guidance (with pictorial prestn):

https://www.relakhs.com/defective-return-notice-139-9/

Hope this clarifies the issue