2025 ActIncome-tax Act, 2025 is in force from 1 April 2026 — every page shows old (1961) & new (2025) section numbers side by side.Income-tax Act, 2025 in force · old & new sections shown
Notice guide · Income tax notices

Defective Return Notice u/s 139(9): Reasons and How to Respond in 15 Days

A defective-return notice means the department cannot process your return as filed. You get 15 days to correct it; if you don't, the return is treated as never filed.

Updated Nov 2026 Old & new sections
LawSection 139(9), Income-tax Act 1961 (return provisions now in section 263 of the 2025 Act)
Time to reply15 days (extension can be requested)
Wheree-Proceedings / Pending Actions on the portal
Risk if ignoredReturn invalid — late fee & loss of claims
Defective Return Notice u/s 139(9): Reasons and How to Respond in 15 Days
How to read section numbers: s.80C→s.123 means Section 80C of the Income-tax Act, 1961 is now Section 123 of the Income-tax Act, 2025 (in force from 1 April 2026). Returns for FY 2025-26 still use the old numbers; Tax Year 2026-27 onwards uses the new ones. Section Finder

Step by step

  1. 1

    Open the notice

    Portal → Pending Actions → e-Proceedings → open the 139(9) notice and note the error description.

  2. 2

    Prepare the correction

    Fix the cause: pay the tax, add the missing schedule, report the income, or switch to the right ITR form.

  3. 3

    File the response

    Submit the corrected return in response to the notice within 15 days and e-verify it.

  4. 4

    Check status

    The return is processed afresh; watch for the 143(1) intimation.

Common reasons

  • Tax shown as payable in the return but not paid
  • Business income shown without balance-sheet / P&L details where books are needed
  • TDS credit claimed but the related income not offered
  • Gross receipts in Form 26AS higher than receipts in the return
  • Wrong ITR form for the income type

How to respond

Open the notice, read the error code and its description, then file a corrected return in response under section 139(9) — not a fresh revised return. If you believe the return is correct, reply with ‘disagree’ and explain.

Worked example

Example

Example: A freelancer filed ITR-1 though she had professional receipts of ₹6 lakh. The 139(9) notice cites income from profession. Refiling in ITR-4 under 44ADA, in response to the notice, cures the defect.

Common mistakes

  • Filing a revised return instead of a response to the notice
  • Letting the 15 days pass
  • Agreeing without understanding the error code

Frequently asked questions

The original return is treated as invalid. You may have to file a belated return with late fee, if that window is still open.

Last reviewed on 11 November 2026 by Vinay Jaglan, VJ & Associates. Law and portal screens change — verify before acting, or ask the office.

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