Missed 15 days deadline of notice u/s 139(9)

Share
Share This Thread
  1. Venkat7

    Venkat7 New Member

    Hello, Can someone please help me with this:
    1. Aug 31, 2015 - 11 PM:
    Filled ITR 1 for AY 2015-16
    Noticed income tax due of about Rs. 4,000
    Paid the self-assessment tax Rs. 4,000 through internet banking.
    However, did not get the BSR code (Tax Payer Counterfoil).
    2. Aug 31, 2015 - 11:55 PM:
    Went ahead and filed the IT return with taxes due (Tax Payable row showing positive value)
    3. Sep 1, 2015:
    Received the BSR code (Tax Payer Counterfoil)
    4. Oct 23, 2015:
    Received notice u/s 139(9) with error code 38 (Tax liability is shown as payable) with 15 timeline.
    5. I missed the 15 days deadline

    How do I submit the return now?
    Should I use the same ITR1 Excel file I used first (and properly fill the data so that it doesn't show Tax due)? Under what category should I file? Revised or Original? What is a belated return? Tax paid date is Sep 1 2015. So, will there be any interest/fine levied for tax not paid for a day?
    Any help is much appreciated.
     
    Last edited: Feb 27, 2016
    Ripudaman78 likes this.
  2. You should have responded to the notice under section 139(9) by filing the rectified return within the prescribed time limit.
    However, you did not rectify the error in your return so your return might have been declared as defective return and it will be considered that no return has been filed by you.
    You may file your correct return under section 139(9) using your password and acknowledgement which is mentioned in your notice and it is up to them whether they condone the delay or not. Consequently if they do not condone the delay penalty or other consequences for not filing the return may be initiated.
     
    Ripudaman78 and Venkat7 like this.
  3. Venkat7

    Venkat7 New Member

    Thank you very much, Narendra Singh!
    Yes, I should've responded in time. My bad time I missed it.
    You have mentioned that it will declared as "defective return" The communication mentions that if not filed within 15 days the return will be treated as "invalid return"
    So, what should I do if it is treated as "invalid return"?
    How do I submit the return now?
    Should I use the same ITR1 Excel file I used first (and properly fill the data so that it doesn't show Tax due)? Under what category should I file? Revised or Original? What is a belated return? Tax paid date is Sep 1 2015. So, will there be any interest/fine levied for tax not paid for a day?
    Any help is much appreciated.
     
  4. If your return is treated as 'invalid return" it will be considered as you have not filed your return hence consequence of non filing of return will follow.
    You can submit your return again as I mentioned in my previous reply. It does not make a differece if your file your return usign excel file or Java.
    once you log on to the income tax site you will find e-file in response to notice under section 139(9) under e-file tab.
    go to that tab and follow the the instruction.
    Belated return is the return which is filed after the due date for the relevant assessment year.
    Interest is charged @ 1% p.m or the part of the month under section 234A, 234B and 234C.
     
    Venkat7 likes this.
  5. Ripudaman78

    Ripudaman78 New Member

    Hi Narendra.

    A related query! Mine is an exactly similar case, except that my 15day deadline expires on 4th March.

    • Got notice under Section 139(9), with Error Code 38. I had already paid the outstanding tax demand last month, so I don't think that I need to do any amendments in the XML to be submitted under 'e-File in response to notice under Section 139(9)'. {I don't know how to update the Xml, anyways}. So I downloaded the XML from the 'Download Pre-filled XML' under 'My Account' menu option at Incometaxindiaefiling.gov.in {By the way, I have no idea where else to gain the XML from.}

      I have converted that XML to Csv(excel) and shared its screenshot as attachment Xml to Csv for your reference!
    • Upon going to 'e-File in response to notice under Section 139(9)' under 'e-File' menu option, I submitted the Response by clicking on 'Submit' {This is as shown in the attached '1st Screen' image}. Then after attaching the 'ITR XML file' {which I had downloaded}, upon submitting it flashes an error that The XML Schema is invalid.
      {This is as shown in the attached '2nd Screen' image}

      The error is: "The XML Schema is invalid. Please upload the XML in the correct Schema. At Line Number 1 : Invalid content was found starting with element 'PersonalInfo'. "
    I am stuck here, as I have no clue what to do with the Xml.

    Kindly help asap!
     

    Attached Files:

Draft saved Draft deleted
Loading...
Similar Threads Forum Date
Efiling for mutliple TDS for missed financial year Income Tax Jul 4, 2017
Can I take last year TDS credit in this year if i missed to take last year Income Tax Jul 28, 2016
Advance tax date missed Income Tax Jun 24, 2016
Tax on Income Earned in Switzerland as Deputation for 80 Days Tenure Income Tax May 21, 2017
COMPUTING OF DAYS FOR NRI STATUS Income Tax Dec 31, 2016