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  • DEFECTIVE RETURN U/S 139(9)

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    DEFECTIVE RETURN U/S 139(9)

    A Notice under Section 139(9) is issued by the Income Tax Department when a filed Income Tax Return (ITR) is considered “defective” because of missing, incomplete, or incorrect information.

    The notice gives the taxpayer a chance to rectify the defect within a specific time period (usually 15 days from the date of notice, extendable by AO).

    If the defect is not corrected → the ITR will be treated as invalid (as if it was never filed).

    Common Reasons for Receiving 139(9) Notice

    1. Mismatch in Income / Tax details

      • Income declared doesn’t match with Form 26AS / AIS / TIS.

      • TDS claimed not supported by Form 26AS.

    2. Incomplete Return

      • Important schedules (like Balance Sheet, P&L for business/profession) are not filled when required.

    3. Wrong ITR Form Used

      • Taxpayer used an incorrect ITR form (e.g., filed ITR-1 instead of ITR-3).

    4. Mismatch in Taxes Paid

      • Advance Tax / Self-assessment Tax paid not mentioned in ITR.

    5. Loss Set-Off Issues

      • Claim of carry-forward loss without filing return within due date.

    6. Incorrect Personal/Bank Details

      • PAN mismatch, invalid bank account details, or incomplete verification.

        Time Limit to Respond

    7. 15 days from the issue of notice (or extended time given by AO).
    If not rectified → return becomes invalid (same as “not filed”), which may attract penalty for non-filing

    Steps to Respond to 139(9) Notice

          • Login toIncome tax e-filing portal
          • Go to Pending Actions → E-Proceedings → Defective Return Notice u/s 139(9).

          • Check the Error Code and reason for defect.

          • Download XML/JSON of the return for correction.

          • Prepare Corrected Return using correct details.

          • Upload the revised return in response to notice 139(9)