The phase of filing Income Tax Return (ITR) has started. One should be very careful while filling Income Tax Return, otherwise if any mistake is made, then your ITR return can also be declared as Defective ITR. If the Income Tax Return becomes defective, then a notice (Income Tax Notice) can also come from your Income Tax Department. Even though on hearing the name of the notice of the Income Tax Department, people’s hands and feet start swelling, but it is also very easy to correct the defective ITR. So don’t panic. Let us know if the ITR becomes defective, how to correct it (How to correct Defective ITR).
Defective ITR means that there is a mistake in your ITR. This mistake can also be the spelling of your name. That is, even if the spelling of your name does not match with the spelling of your PAN card, your ITR will be declared defective. In such a situation, you may receive a notice under section 139(9) of the Income Tax Act, 1961.
Due to which reasons ITR can be defective?
If the spelling of your name in PAN and ITR does not match, then ITR can be declared defective.
If you have entered wrong challan number while filing ITR, then ITR can be defective.
This can happen even if advance tax is paid for the next wrong assessment year.
Sometimes wrong TDS returns are filed by the employer, due to which this happens.
That is, if there is any wrong information in your 26AS, AIA or TIS form, then ITR can be defective.
Even if there is a mismatch between income and TDS, your ITR can prove to be defective.
If tax audit is required, but it has not happened, then also the ITR can be defective.
Even if a person has deposited less tax than his tax amount, a notice can be sent declaring his ITR defective.
How to Correct Defective ITR
If the last date for filing ITR has not passed in any assessment year, then you can file revised ITR or file fresh ITR. If there is no change in your total income and deduction, then you can file fresh ITR, else you will have to file revised ITR. Keep in mind that the last date for filing revised ITR for this year (FY 2022-23 and Assessment Year 2023-24) is December 31, 2023.
If this last date is passed then you will have to reply to the notice. According to the rules of income tax, in some circumstances, the facility of filling updated ITR is available. The Assessment Officer can give 15 days time after receiving the notice, in which you will have to rectify the mistake. If you want to extend the time, you can give an application and the assessment officer can also extend the date for correcting the ITR mistake if the correct reason is given.
If you are unable to respond to the notice of the Income Tax Department, then the ITR will be considered invalid. This would mean that you have not filed ITR for that assessment year. In such a situation, penalty can also be imposed on you.