Missed 15-day deadline for defective ITR? Here’s what happens next

If the defect is not corrected in time, your return becomes invalid as if you never filed it

The taxpayer’s Income Tax Return (ITR) was marked as defective. Since the response was submitted after the deadline, the original return has become invalid. In today’s Ask Wallet Wise, we answer whether the person should file again and pay the tax.

Moneycontrol’s Ask Wallet Wise initiative offers expert advice on matters of personal finance and money. You can email your queries to askwalletwise@nw18.com, and we will try and get a top financial expert to address your queries.

I submitted my Income Tax Return (ITR) on 15th June. Later, I received a notice stating that my ITR was defective and needed a response within 15 days. I replied after the specified date, making my original return invalid. Do I need to file the ITR again? Do I also have to pay the tax? Please advise.

Expert Advice: If the income tax officer finds a defect in your ITR, they will issue a notice under Section 139(9), asking you to correct the issue within 15 days. If you believe 15 days is insufficient, you can request an extension from the officer.

If the defect is not corrected in time, your return becomes invalid as if you never filed it. Since you responded late, your ITR became invalid, and you are considered to have never filed it. Therefore, you need to submit a new ITR. As the due date has passed, you might have to pay a late filing fee based on your income level. Although your previous ITR is invalid, any tax paid remains valid. You can claim this tax credit when filing the new ITR.

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