Deepak furnished his return of income for the assessment year 2023-24 on 22nd July, 2023. Due to missing information for payment of taxes in the return of income, the Assessing Officer considers it defective under sectio

CS Executive · Tax Laws and Practice · PYQS · December 2023
Deepak furnished his return of income for the assessment year 2023-24 on 22nd July, 2023. Due to missing information for payment of taxes in the return of income, the Assessing Officer considers it defective under section 139(9) of the Income-tax Act, 1961: (i) What are the consequences if defect is not rectified within the time allowed? (ii) Specify the remedies available if defect not rectified within time allowed by the Assessing Officer?

Answer & Explanation:

If the defect is not rectified within the period of 15 days or such further extended period, then, the return would be treated as an invalid return and further it shall be deemed that the assessee had failed to furnish the return of Income. Accordingly, the consequential effect would be the same as if the assessee had failed to furnish the return of Income. The Assessing Officer has the power to condone the delay and treat the return as a valid return, if the assessee has rectified the return after the expiry of 15 days or further extended period, but before the assessment is made.

Topics: Income Tax

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