Do not get Panic after receiving defective notice from department U/s 139(9) for the Income Tax Return filed in previous years. There may be one reason that the Assessee is gaining income from multiple sources. In case an assessee has filed his ITR under 44AD or 44ADA and included income from Salary or Capital Gains or House property or Profit from other Business firm or Agriculture Income then FORM ITR 3 needs to be filed by the assessee. In ITR 3, Balance sheet and Profit and Loss Schedule needs to be provided with correct information. If the source of income is solely Business, then the data to be filed in 44AD or 44ADA section with minimum 8 % profit and 50% profit respectively under Form ITR-4.
Time gap to reply for Defective notice
You are here with afforded an opportunity to correct the defects with in a period of fifteen days from the date of receipt of the notice by providing the required corrections/information through online mode. If reply is not filed within bound time period, return of income filed by you will be liable to be treated as an invalid return.
How to reply to the Notice
To provide the details or to submit the corrected xml, kindly log on to www.incometaxindiaefiling.gov.in with your "username and password" and choose "e-File in response to notice u/s 139(9)" under the "e-File" section.
Points to be taken care before uploading XML
Please ensure no other information is changed apart from those errors listed. In case of any other changes in data, the return of income filed by you is liable to be treated as an invalid return. While correcting the defects, if any changes are being made, leading to change of income and/or taxation under other heads of income, you should file a revised return (and not a corrected return) as per the provisions of Income Tax Act, 1961.
*If you are getting defective notices under other section than 139(9) you may ask your query at profsindia.com in Forum Section.