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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 1896 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 16911 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 15705 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 6552 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 2448 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 4251 Views 0 comment Print


Latest Judiciary


CPC Cannot Reduce TDS Credit Based on Turnover Differences in 26AS: ITAT Delhi

Income Tax : The issue involved restriction of TDS credit due to mismatch between Form 26AS and return. ITAT held that such adjustments require...

April 10, 2026 3237 Views 0 comment Print

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 3660 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 702 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 4716 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 552 Views 0 comment Print


Defect notice u/s. 139(9) is not in accordance with law hence return filed to be considered as valid

December 4, 2023 4776 Views 0 comment Print

ITAT Jaipur held that as defect notice issued u/s. 139(9) of the Income Tax Act is not in accordance with the law and hence the return of income filed by the assessee should be considered as valid return.

Notice issued u/s 143(2) after 6 months from end of financial year in which return is furnished is time barred

November 7, 2023 4161 Views 0 comment Print

Delhi High Court held that notice issued under section 143(2) of the Income Tax Act after the expiry of six months from the end of the financial year in which return is furnished is barred by limitation and hence unsustainable in law.

Defect Rectified Under Section 139(9) Validates Original Return from its filing date

September 29, 2023 4074 Views 0 comment Print

ITAT Kolkata held that when original return filed was defective and such defect is removed u/s. 139(9) of the Income Tax Act, the return filed u/s. 139(1) becomes a valid return from the date when it was originally filed. Accordingly, set off business income with carry forwarded business loss allowed.

Defective Return Notice: Reasons, Response & Process – Income Tax Act

August 14, 2023 9393 Views 0 comment Print

Learn about defective income tax returns, reasons for notices, response steps, and time limits under Section 139(9). Ensure accurate tax filings.

How to file Response to section 139(9) Notice (Defective Income Tax Return)

August 14, 2023 12231 Views 7 comments Print

Learn how to effectively respond to a Notice u/s 139(9) for a defective income tax return in India. Understand the reasons, corrective actions, and steps to maintain accurate tax compliance.

Appeal order not maintainable for violation of section 249(4) due to non-payment of admitted tax

June 27, 2023 2076 Views 0 comment Print

ITAT Amritsar held that the appeal order caused not maintainable for violation of section 249(4) of the Income Tax Act for non-payment of admitted tax. Accordingly, the appeal order u/s 250 is caused nullity which will be not maintainable before the Tribunal.

Denial of deduction u/s 11 for non-filing of Form No. 10B is unjustifiable

April 10, 2023 5598 Views 0 comment Print

ITAT Amritsar held that failure in furnishing of Form No. 10B is a procedural defect. Accordingly, denial of deduction u/s 11 of the Income Tax Act for such a defect is unsustainable in law.

Section 143(1) intimation cannot be issued for invalid return

February 15, 2023 2394 Views 0 comment Print

Rajdhani Institute of Information Technology Vs CIT(A) (ITAT Cuttack) It was the submission that the assessee had been served with a communication dated 21.08.2015 intimating that the return filed by it was a defective return and if the defect was not rectified the return would be treated as invalid. Assessee had not complied with the […]

Revised return file to reflect amalgamation scheme approved by HC cannot be ignored by AO

August 12, 2022 777 Views 0 comment Print

ACIT Vs Rohit Bal Designs Pvt. Ltd. (ITAT Delhi) Ld. A.O has committed an error by passing assessment order based on standalone basis despite fact that he had full knowledge of amalgamation while making the addition. The Ld. A.O should have considered the effect of amalgamation more so in view of the specific mandate of […]

Return not become defective for mere mismatch in income as per ITR & Form 26AS

May 17, 2022 24828 Views 0 comment Print

Mismatch in income returned in ITR and FORM 26AS is not covered within purview of Explanation (a) to section 139(9) (Defective Return)

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