
Wrong ITR form? A Section 139(9) notice gives 15 days to respond. Miss it, and the return turns invalid. A revised return is due by March 31, 2027.
Taxpayers with no business income and non-audit cases faced a July 31 deadline to file their income tax returns. Some of those who filed on time are now receiving defective notices from the income tax department for using the wrong ITR form.
The notices are issued under Section 139(9) of the Income-tax Act, 1961. A return may be treated as defective on account of incomplete or inconsistent information in the return or in the schedules, the department says. Choosing the wrong ITR form counts as one such defect.
The notice is sent by email or post and can also be viewed by logging into the e-filing portal. Taxpayers have 15 days from the date of the notice to correct the defect, or the period specified in the notice if it is longer. The department allows a taxpayer to seek an adjournment and request more time.
A return that stays defective after the window closes is treated as invalid. The taxpayer can lose the ability to carry forward losses and forfeit specific exemptions. Interest and penalties may also apply. For investors with capital gains, losing the carry-forward provision means past losses cannot be used against future gains. The return is also not processed until the defects are fixed, so any refund owed stays unpaid and additional verification may follow if the income details do not match departmental records.
Each ITR form is built for a specific taxpayer category. Salaried individuals, people with capital gains, business owners and those with foreign assets each have their own form. The income tax department says the correct form is crucial to smooth and timely processing.
The fix for a wrong form is a revised return. For assessment year 2026-27, a revised return can be filed until March 31, 2027, or before the department completes the assessment, whichever comes first. The revised return is filed online through the income tax portal by selecting the option to revise the previous ITR and updating the form and details.
Missing that window does not remove all options. A taxpayer can file an updated return, known as ITR-U, within 48 months of the relevant assessment year. That option requires paying additional tax and interest, and it helps reduce future litigation exposure, according to the tax department's website.
Ritika Nayyar, a partner at Singhania & Co., said there may not be a direct penalty for choosing the wrong ITR form if the mistake is genuine and corrected within the prescribed timeline. She added that an incorrect filing which underreports income or claims excess deductions can still bring interest and penalties. Inaccurate disclosures, she said, can prompt scrutiny proceedings under the income tax law. Delayed correction can also affect refunds and the ability to carry forward losses.
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