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Section 139(9)

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Tax Insights on Sale of Flat & Defective Return

Income Tax : Understand tax implications for selling a flat pre-2001 and rectify defects in your tax return with expert advice....

October 26, 2024 1863 Views 0 comment Print

Defective ITR resubmission as belated/revised, where defect is not rectified in prescribed manner

Income Tax : Defective ITR not rectified within time is treated as invalid. Filing a new belated return or seeking condonation can avoid penalt...

September 12, 2024 16794 Views 0 comment Print

Section 139(9): How to Respond to a Defective Return Notice?

Income Tax : Learn how to respond to a defective return notice under Section 139(9) of the Income Tax Act. Steps for correction and consequence...

August 7, 2024 15552 Views 2 comments Print

Issuance of Notice U/s 139 (9) of Income Tax Act, 1961 – Defective Return

Income Tax : Received a notice U/s 139(9) for defective return? Learn why it happens, how to respond, and the consequences of ignoring it. Stay...

August 5, 2024 6507 Views 0 comment Print

Is Your Income Tax Return Defective? What to Do Next

Income Tax : Learn what happens if your income tax return is deemed defective and how to rectify it. Understand Section 139(9) and your options...

May 16, 2024 2358 Views 0 comment Print


Latest News


FAQs on PFA & Defective for ITR 1 to 6 for AY 24-25

Income Tax : Understand PFA and defective return queries for ITR 1-6 for AY 24-25, including MAT applicability, TDS/TCS claims, and income disc...

August 10, 2024 4155 Views 0 comment Print


Latest Judiciary


Bombay HC directs Income Tax department to allow lawful claims in e-filing utility

Income Tax : The issue was whether the income-tax e-filing utility could prevent an assessee from making a lawful set-off claim. The High Court...

January 21, 2026 3444 Views 0 comment Print

Section 44AF Overrides Section 139(9); Defective Return Notice Unjustified: Telangana HC

Income Tax : The Court held that Section 44AF, as a special provision, overrides the requirements of Section 139(9). It ruled that treating the...

December 8, 2025 627 Views 0 comment Print

No 143(1) Show-Cause Issued: ITAT Quashes ₹5.73 Cr Demand for TDS Mismatch

Income Tax : The Tribunal held that a 143(1)(a) adjustment denying ₹5.05 crore TDS credit was invalid because no mandatory show-cause intimat...

November 17, 2025 4620 Views 0 comment Print

Capital Balance Explained Through Earlier Year’s ITR: ITAT Agra deletes Addition

Income Tax : The ITAT Agra dismissed the Revenue's appeal against the deletion of a ₹2.35 crore unexplained cash credit under Section 68, agr...

October 30, 2025 489 Views 0 comment Print

Cash Deposits Accepted as Sales: ITAT Quashes Full Section 69A Addition on Acceptance of 44AD Presumptive Income

Income Tax : The ITAT ruled that a cash deposit addition under 69A of the Income Tax Act cannot stand if the source is accepted as business tur...

October 20, 2025 2106 Views 0 comment Print


Latest Posts in Section 139(9)

Bombay HC directs Income Tax department to allow lawful claims in e-filing utility

January 21, 2026 3444 Views 0 comment Print

The issue was whether the income-tax e-filing utility could prevent an assessee from making a lawful set-off claim. The High Court held that procedural software cannot override statutory rights and directed that such claims must be allowed.

Section 44AF Overrides Section 139(9); Defective Return Notice Unjustified: Telangana HC

December 8, 2025 627 Views 0 comment Print

The Court held that Section 44AF, as a special provision, overrides the requirements of Section 139(9). It ruled that treating the return as defective was unjustified and directed issuance of the refund.

No 143(1) Show-Cause Issued: ITAT Quashes ₹5.73 Cr Demand for TDS Mismatch

November 17, 2025 4620 Views 0 comment Print

The Tribunal held that a 143(1)(a) adjustment denying ₹5.05 crore TDS credit was invalid because no mandatory show-cause intimation was issued. It ruled that a 139(9) defect notice cannot substitute the statutory opportunity required under 143(1), resulting in deletion of the entire ₹5.73 crore demand.

Capital Balance Explained Through Earlier Year’s ITR: ITAT Agra deletes Addition

October 30, 2025 489 Views 0 comment Print

The ITAT Agra dismissed the Revenue’s appeal against the deletion of a ₹2.35 crore unexplained cash credit under Section 68, agreeing that the amount was a closing balance from prior, assessed years. The ruling established that the taxpayer’s savings and financial reconciliation, supported by earlier ITRs, were sufficient evidence against the addition.

Cash Deposits Accepted as Sales: ITAT Quashes Full Section 69A Addition on Acceptance of 44AD Presumptive Income

October 20, 2025 2106 Views 0 comment Print

The ITAT ruled that a cash deposit addition under 69A of the Income Tax Act cannot stand if the source is accepted as business turnover and presumptive profit under Sec.44AD is declared. The tribunal accepted the taxpayers explanation of cash deposits from mobile phone sales, linking them to credit card purchases, but directed an 8% profit rate be applied to the turnover.

Wrongly Filed Updated Return Due to Consultant’s Error Cannot Justify Extra Tax

September 12, 2025 711 Views 0 comment Print

The ITAT Pune restores a case for fresh assessment after an updated tax return was filed with errors by a consultant, ruling that a taxpayer cannot be taxed on income they did not earn.

TDS Mismatch Not Sufficient to Reject Return or Deny Refund: Delhi HC

July 24, 2025 519 Views 0 comment Print

Delhi High Court rules that a tax refund cannot be denied for a TDS mismatch if the assessee timely filed a revised return, and revenue neither rejected it nor communicated defects.

Bogus LTCG Addition Set Aside Due to Lack of Tangible Evidence: ITAT Ahmedabad

June 4, 2025 729 Views 0 comment Print

ITAT Ahmedabad held that addition towards accommodation entries of bogus LTCG cannot be sustained in absence of any iota of tangible perceptible evidence. Accordingly, appeal allowed and addition set aside.

Reconciliation mut Before Denying TDS for Discrepancy Between 26AS & Return Receipts

June 3, 2025 645 Views 0 comment Print

ITAT Raipur held that denial of TDS claimed based on difference between gross turnover as per 26AS and total receipts reflected in returns, without verifying reconciliation prepared by assessee, is not justified. Hence, matter restored to CIT(A).

Issue of notice u/s. 143(2) after limitation period cannot be sustained: Gujarat HC

April 14, 2025 858 Views 0 comment Print

Gujarat High Court held that issuance of notice u/s. 143(2) of the Income Tax Act, after six months from the end of financial year in which return u/s. 139(1) was filed, is barred by limitation and cannot be sustained.

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