Defective Return Under Income Tax Act (Section 139(9)) A Defective Return refers to an income tax return (ITR) that is incomplete or incorrect due to missing or improper information. Under Section 139(9) of the Income Tax Act, if a return is found defective, the taxpayer is given an opportunity to cRead more
Defective Return Under Income Tax Act (Section 139(9))
A Defective Return refers to an income tax return (ITR) that is incomplete or incorrect due to missing or improper information. Under Section 139(9) of the Income Tax Act, if a return is found defective, the taxpayer is given an opportunity to correct and resubmit it.
📌 When is a Return Considered Defective?
A return is treated as defective if it has any of the following errors or omissions:
1️⃣ Mandatory Details Missing
- Personal details such as Name, PAN, or Address are incomplete or incorrect.
- Bank account details are missing or invalid.
2️⃣ Incomplete or Inconsistent Information
- Balance sheet or profit & loss account details missing in cases where audit is applicable.
- Income details and TDS/TCS claims do not match with Form 26AS.
3️⃣ Tax Computation & Payment Issues
- Taxes due are not paid fully before filing the return.
- Self-assessment tax (SAT) or advance tax is not deposited.
4️⃣ Incorrect ITR Form Used
- Filing an incorrect ITR form based on the income source.
5️⃣ Missing Attachments (For Audit Cases)
- If the taxpayer is required to maintain books of accounts but fails to attach the details.
- Failure to submit the audit report under Section 44AB when applicable.
📢 What Happens If a Return is Defective?
If the Income Tax Department detects a defective return, they issue a Notice under Section 139(9), giving the taxpayer 15 days to rectify and resubmit the correct return.
🚀 If the defect is not rectified within the given time, the return may be treated as invalid, and the taxpayer may face penalties or further notices.
To avoid a defective return, always ensure that the ITR form is properly filled, taxes are paid, and supporting documents are submitted where required.
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If you have transferred a commercial property to your wife without any consideration (i.e., as a gift), the rental income received by her will not be taxed in her hands but will be clubbed with your income under Section 64(1)(iv) of the Income Tax Act, 1961. How the Rental Income is Taxed? 🔹 ClubbinRead more
If you have transferred a commercial property to your wife without any consideration (i.e., as a gift), the rental income received by her will not be taxed in her hands but will be clubbed with your income under Section 64(1)(iv) of the Income Tax Act, 1961.
How the Rental Income is Taxed?
🔹 Clubbing of Income: Since the transfer was made without adequate consideration, the rental income will be added to your taxable income and taxed as “Income from House Property” in your hands.
🔹 Standard Deduction: Under Section 24(a), you can claim a 30% deduction on the rental income as a standard deduction.
🔹 Interest on Loan Deduction: If there is an outstanding home loan on the property, you can claim a deduction under Section 24(b) for the interest paid on the loan.
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