Defective return notice under section 139(9): fix it within 15 days
A defective-return notice is easy to answer and costly to ignore: miss the 15 days and the law treats your return as never filed.
Reviewed by Vijay Dhawan, Managing Partner, LexVerge LLP, on · Published
Quick answer
A notice under section 139(9) says your income-tax return is defective, for example because TDS credit is claimed without offering the related income or the accounts are missing. Correct it within 15 days of the intimation, or a longer time the officer allows on request. If you do not, the return is treated as invalid, as if you never filed, with the interest, penalty and loss of carried-forward losses that follow. In the Income-tax Act, 2025 the provision is section 263(7).
Common defects
- TDS credit claimed but the related receipts not offered to tax
- Gross receipts in Form 26AS higher than receipts shown in the return
- Income shown as nil but tax computed and paid
- Name in the return not matching PAN records
- Business income without a balance sheet and profit and loss account
- Tax audit report not furnished where required
Check it is genuine. Every income-tax notice issued since 1 October 2019 carries a Document Identification Number (DIN). Verify it on the e-filing portal’s pre-login service “Authenticate notice/order issued by ITD”. The department’s own FAQ says a notice without a DIN is invalid and needs no response. Genuine notices also appear after login under Pending Actions, e-Proceedings.
How to respond
- Open the notice under e-Proceedings and read the error description.
- Correct the return online or upload a corrected return; you can authorise someone to respond for you.
- Submit before the 15 days run out, or ask for an extension first. A response cannot be edited once submitted, so check it carefully.
- If the time to file a fresh or revised return is still open, that is an alternative.
Which Act? The Income-tax Act, 2025 applies from tax year 2026-27. Returns and proceedings for assessment year 2026-27 (financial year 2025-26) and earlier years continue under the Income-tax Act, 1961, so a notice for those years cites the old section. Look up any section in our section finder.
If you miss the deadline
The return is invalid and the Act applies as if no return was filed: late-filing interest and fee, loss of carry forward of losses and of some exemptions. If you fix the defect late but before assessment, the Assessing Officer may condone the delay and treat the return as valid; do not rely on it.
Frequently asked questions
What is the time limit to respond to a 139(9) notice?
15 days from the intimation, or a longer period the Assessing Officer allows on your request.
What happens if I do not respond to a defective return notice?
The return is treated as invalid, as if you had not filed it, with the consequences of non-filing such as interest and loss of carry forward of losses.
Can I file a revised return instead?
Yes, if the time for a revised or fresh return for that year is still open.
Can I change my response after submitting?
No. A submitted response cannot be updated or withdrawn, so check the corrected return before submitting.
What is section 139(9) in the new Act?
Section 263(7) of the Income-tax Act, 2025, for tax year 2026-27 onward.
Have a question about this? Ask a chartered accountant, free.
A 15-minute call, no obligation. If it needs a filing, you get a written quote first.
Professional fee shown; government charges at actuals, quoted in writing before you pay. GST at 18% extra.
Got an income-tax notice?
We check it, work out the numbers and file the response on the portal. Income-tax notice replies from ₹999.
Official references
The statutory sources behind this page. We keep our guidance aligned to them: verify anything time-sensitive directly.
- Ministry of Corporate AffairsCompanies Act filings, forms and fee schedules
- Income Tax DepartmentReturns, forms, rates and e-filing utilities
- GST PortalRegistration, returns and rate notifications
Facts on this page are checked against these sources; the date of the last check is shown at the top of the page. It is general guidance, not advice on your specific facts. How we write and check our guides.