Harun Raaj & AssociatesHarun Raaj & Associates
← All tools

Defective Return 139(9) Pre-file Validator

Check the ten configured structural defects before filing your ITR.

D1. Does this apply to your return? Capital gains (other than LTCG u/s 112A up to ₹1.25L without loss) reported but ITR-1 or ITR-4 used
D2. Does this apply to your return? F&O trading income (or intraday) included in ITR-4 as presumptive income under 44AD
D3. Does this apply to your return? Foreign assets held OR foreign income received but ITR-1 or ITR-2 used without completing Schedule FA
D4. Does this apply to your return? Assessee is a director in a company OR holds unlisted equity shares but ITR-1 or ITR-4 used
D5. Does this apply to your return? Gross receipts / total turnover present in ITR-3 or ITR-4 but P&L particulars and balance sheet not filled
D6. Does this apply to your return? Tax audit applicable (turnover > ₹1Cr for business / ₹50L for profession, or opted out of presumptive and loss) but auditor name / registration number / audit report date not provided
D7. Does this apply to your return? TDS/TCS credit claimed in Schedule TDS/TCS but no corresponding income shown
D8. Does this apply to your return? Tax liability computed as ₹0 or negative but refund claimed exceeds advance tax paid + TDS / TCS
D9. Does this apply to your return? Exempt income present (agriculture, PPF interest, LIC maturity, shares u/s 10(38) pre-2018 LTCG) but Schedule EI not completed
D10. Does this apply to your return? ESOP perquisite deferred u/s 191A (eligible startup) but Form 12BAA not filed / details not in Schedule

Scrutiny Risk Flags (not defective return triggers)

D11: Income from house property exists but EMI interest on housing loan and principal repayment (80C) not supported by Form 16 / bank certificate

Action: This is not itself a defective return trigger, but a scrutiny risk. Keep bank certificate for housing loan interest (s.24(b)) and principal repayment (s.80C) on file. Report correct amounts — ITD will ask for evidence.

Statutory basis: s.24(b), s.80C; s.143(2) scrutiny notice

VERIFY: NOT a 139(9) defect — this is a scrutiny risk flag only. Include in tool as advisory, not as a defective notice predictor.

D12: Multiple bank accounts held but only primary account shown for refund; other accounts not disclosed in bank account schedule

Action: All bank accounts held during the year must be listed in Schedule Bank. Dormant/inactive accounts still need to be disclosed.

Statutory basis: CBDT ITR instructions — mandatory disclosure of all bank accounts; Rule 114B SFT reporting

URGENT — 15-day deadline: The assessee must respond to the defective return notice and re-file within 15 days of receiving the notice (s.139(9) proviso). CPC may grant extension on written request. If not rectified in time, the return is treated as if it was never filed.
Consequence: A return treated as not filed = as if no return was filed = same consequence as s.271F penalty (up to ₹5,000) and possible loss of carry-forward of losses.
VERIFY: s.87A rebate thresholds for AY 2026-27 under new regime — ₹60,000 rebate for taxable income ≤ ₹12L (gross; before special income at special rates) and under old regime ₹12,500 for income ≤ ₹5L. Confirm rebate is not available on special rate income (STCG 111A, LTCG 112A, lottery etc.) even if within the income ceiling.
Statutory basis: Section 139(9) ITA 1961; Rule 12 IT Rules 1962; CBDT circular on defective return categories